MAGENO v. ERBA MARKETS INC.

    Plaintiff

    • Name: Perla Mageno
    • Filing date: June 9, 2020
    • State of filing: California

    Defendant

    • Name: Erba Markets Inc
    • Website: www.erbamarkets.com
    • Industry: Consumer Goods
    • Summary: Erba is a recreational and medical cannabis dispensary in Los Angeles.

    Case Summary

    On June 9, 2020, Perla Mageno filed a Complaint in California Federal court against Erba Markets Inc. Plaintiff Perla Mageno alleges that www.erbamarkets.com is not accessible per the WCAG 2.0, Section 508 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • The home page has graphics, links, and buttons that are not labeled or are incorrectly labeled, or lack alternative text (“Alt-text”). Alt-text is invisible code embedded beneath a graphical image on a website. Web accessibility requires that Alt-text be coded with each picture so that screen-reading software can speak the Alt-text where a sighted user sees pictures. Alt-text does not change the visual presentation, but instead a text box shows when the cursor moves over the picture. The lack of Alt-text on these graphics prevents screen-readers from accurately vocalizing a description of the graphics.
    • There are multiple unlabeled or mislabeled buttons and links. Without descriptive alternate text, Plaintiff, and other screen-reader users, have no clue about the purpose or function of the button or link;
    • Plaintiff encountered multiple pages containing insufficient
      navigational headings requiring Plaintiff to expend substantial
      additional time to access information;
    • Plaintiff was unable to browse products because product links and descriptions were inaccessible to screen reading technology; and,
    • Plaintiff was unable to make a purchase because of an inaccessible checkout system.

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

    • Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 
    • Unruh Civil Rights Act, California Civil Code § 51 et seq.

    Plaintiff seeks the following relief by way of its Complaint:

    • A Declaratory Judgment that at the commencement of this action Defendant was in violation of the specific requirements of Title III of the ADA 42 U.S.C. § 12181 et seq., and the relevant implementing regulations of the ADA, for Defendant’s failure to take action that was reasonably calculated to ensure that its Website is fully accessible to, and independently usable by, blind and visuallyimpaired individuals;
    • A preliminary and permanent injunction enjoining Defendant from violating the ADA, 42 U.S.C. § 12181 et seq., and/or the UCRA, Civil Code § 51 et seq. with respect to its website erbamarkets.com;
    • A preliminary and permanent injunction requiring Defendant to take the steps necessary to make Erbamarkets.com readily accessible to and usable by blind and visually-impaired individuals;
    • An award of statutory minimum damages of $4,000 per violation pursuant to § 52(a) of the California Civil Code;
    • For attorneys' fees and expenses pursuant to all applicable laws including, without limitation, pursuant to 42 U.S.C. § 12188(a)(1), and California Civil Code § 52(a);
    • For pre-judgment interest to the extent permitted by law;
    • For costs of suit; and
    • For such other and further relief as this Court deems just and proper.

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