DAWSON v. WISE FOODS, INC.

    Plaintiff

    • Name: Leshawn Dawson
    • Filing date: August 6, 2020
    • State of filing: New York

    Defendant

    • Name: Wise Foods, Inc.
    • Website: www.wisestorefront.com
    • Industry: Food Products
    • Summary: Wise Foods manufactures and sells potato chips, popcorn, corn chips, and a variety of other snack foods.

    Case Summary

    On August 6, 2020, Leshawn Dawson filed a Complaint in New York Federal court against Wise Foods, Inc.. Plaintiff Leshawn Dawson alleges that www.wisestorefront.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Lack of Alternative Text (“alt-text”), or a text equivalent
    • Product images have text that describe the item such as original price, sale price, or may offer a discount of a certain percentage.
    • When using a keyboard for navigation, images present a hidden forward and back button that are not physically visible.
    • Once items are added to the shopping cart, the window opens to a low contract background.

    Plaintiff asserts the following cause(s) of action in its Complaint:

    • Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 
    • New York State Human Rights Law
    • New York City Human Rights Law
    • New York State Civil Rights Law
    • 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. Exec. Law § 296, 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. Exec. Law § 296, 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.

    Comments