Plaintiff
- Name: Josue Romero
- Filing date: October 6, 2020
- State of filing: New York
Defendant
- Name: World Wrestling Entertainment, Inc.
- Website: www.wwe.com
- Industry: Entertainment
- Summary: World Wrestling Entertainment (WWE), formerly World Wrestling Foundation (WWF), is the world's largest professional wrestling entertainment company. Founded in 1953, the franchise, under numerous monikers, has hosted the biggest names in the history of professional wrestling including Hulk Hogan, The Rock, Triple H, Rick Flair, Kurt Angle, Andre the Giant, and many others.
Case Summary
On October 6, 2020, Josue Romero filed a Complaint in New York Federal court against World Wrestling Entertainment, Inc.. Plaintiff Josue Romero alleges that www.wwe.com is not accessible per the WCAG 2.1 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Lack of Alternative Text (“alt-text”), or a text equivalent.
- Empty Links That Contain No Text causing the function or purpose of the link to not be presented to the user.
- Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users
- Linked Images Missing Alt-text, which causes problems if an image within a link contains no text and that image does not provide alt-text.
- Site function like country drop down selector is not fully properly labeled to integrate with the screen reader. The link is described as "link U.S." This flaw bars the user form choosing the shipping destination and the currency to use in purchasing.
- A pop-up, stating "...Save $5 on your next order..." by submitting your email address to the website. This pop-up becomes more prevalent and presents itself center-stage for the website as it opens in full screen, however, all the information contained in the pop-up is lost due to the inaccessibility of the information.
- Site function like some product category links located in the header are inaccessible by navigating with the keyboard. When selecting a category, the link is labeled as "item as no primary action". This flaw creates issues for the interpretation performed by the screen reader and therefore bars the user from understanding the information the website is to report back to the user.
- Products have text that describe the item, details of the item and price.
- Product pricing is not labeled to integrate with screen reader and therefore, overlooks important information that a customer would require to complete a purchase
Plaintiff asserts the following cause(s) of action in its Complaint:
- VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq.
- VIOLATIONS OF THE NYSHRL
- VIOLATIONS OF THE NEW YORK STATE CIVIL RIGHTS LAW
- VIOLATIONS OF THE NYCHRL
- DECLARATORY RELIEF
Plaintiff seeks the following relief by way of its Complaint:
- A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
- A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
- A declaration that Defendant owns, maintains and/or operates its
Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York - An order certifying the Class and Sub-Classes under Fed. R. Civ. P.
23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel; - Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and subclasses for violations of their civil rights under New York City Human Rights Law and City Law;
- Pre- and post-judgment interest;
- An award of costs and expenses of this action together with
reasonable attorneys’ and expert fees; and - Such other and further relief as this Court deems just and proper
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