ERASMUS v. ALAN ROSENBACH, MD, INC

    Plaintiff

    • Name: Megan D Erasmus
    • Filing date: March 30, 2021
    • State of filing: California

    Defendant

    • Name: Alan Rosenbach MD Inc.
    • Website: www.drrosenbach.com
    • Industry: Medical
    • Summary: Alan Rosenbach MD Inc. is a dermatology office in Los Angeles offering medical, aesthethic, and cosmetic services.

    Case Summary

    On March 30, 2021, Megan D Erasmus filed a Complaint in California State court against Alan Rosenbach MD Inc.. Plaintiff Megan D Erasmus alleges that www.drrosenbach.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    Plaintiff experienced difficulty and discomfort in attempting to view video: “Dermatologist in Los Angeles CA Alan Rosenbach MD”. As a result of this inaccessibility, she was unable to understand the content and was deterred from further use of the Website.

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

    • VIOLATION OF THE AMERICANS WITH DISABILITIES ACT OF 1990 (42 U.S.C. section 12101, et seq.)
    • VIOLATION OF THE UNRUH CIVIL
      RIGHTS ACT (Cal. Civ. Code § 51-53.)

    Plaintiff seeks the following relief by way of its Complaint:

    • A Declaratory Judgment that at the commencement of this action Defendants were in violation of the requirements of the ADA due to Defendants’ failures to take action to ensure that its websites were fully accessible to and independently usable by hearing-impaired individuals, including providing closed-captioning on all video content containing audio elements.
    • Pursuant to 42 U.S.C § 12181, a preliminary and permanent injunction enjoining Defendants from violating the ADA with respect to its website, including a requirement that all current and future audio-video content closed captioned at the time of upload.
    • Damages under the Unruh Civil Rights Act § 511, which provides for actual damages and a statutory minimum of $4,000 for each offense.
    • Reasonable attorney fees, litigation expenses and costs of suit, pursuant to 42 U.S.C. § 12205; and Cal. Civ. Code § 52.

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