MAGENO v. PHOENIX FOOD BOUTIQUE, INC.

    Plaintiff

    • Name: Perla Mageno
    • Filing date: August 23, 2019
    • State of filing: California

    Defendant

    • Name: Phoenix Food Boutique Inc.
    • Website: www.phoenixfood.us
    • Industry: Hotel, Restaurant and Leisure
    • Summary: Phoenix Food Boutique Inc. is a chain of Chinese restaurants that has had locations in the Los Angeles area since 1965.

    Case Summary

    On August 23, 2019, Perla Mageno filed a Complaint in California State court against Phoenix Food Boutique Inc.. Plaintiff Perla Mageno alleges that www.phoenixfood.us 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");
    • Multiple unlabeled or mislabeled buttons and links. Without descriptive alternate text, Screen reader users, have no clue about the purpose or function of the button or link;
    • Multiple pages containing insufficient navigational headings requiring Plaintiff to expend substantial additional time to access information;
    • Unable to browse the menu because menu links and descriptions were inaccessible to screen reading technology;
    • Unable to make a purchase because of an inaccessible checkout system.

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

    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 ofthis action Defendant owns, maintains, and/or operates its Website in a manner which discriminates against the blind, fails to provide access to blind or visually-impaired individuals, and that Defendant took no action that was reasonably calculated to ensure that its Website is fully accessible to, and independently usable by blind and visually-impaired individuals in violation of California's Unruh Act, California Civil Code II 51, er seq;
    • A preliminary and permanent injunction enjoining Defendant from further violations ofthe UCRA, Civil Code ) 51 er seq. with respect to "phoenixfood.us."
    • A preliminary and permanent injunction requiring Defendant to take the steps necessary to make phoenixfood.us readily accessible to and usable by blind and visuallyimpaired individuals but Plaintiff hereby expressly limits the injunctive reliefto require that
      Defendant expend no more than $50,000 thereon;
    • Plaintiffseeks no reliefrelated to any architectural barriers to access in this Complaint and expressly limits all claims to injunctive reliefto modifications ofDefendant's policies and procedures related to the Website.
    • An award of statutory minimum statutory damages ofnot less than $4,000 per violation pursuant to It 52(a) ofthe California Civil Code;
    • An additional award of $4,000.00 as deterrence damages for each violation pursuant to Johnson v. Guedoir, 218 F. Supp. 3d 1096; 2016 U.S. Dist.LEXIS 150740 (USDC Cal, E.D. 2016);
    • For attorneys' fees and expenses pursuant to all applicable laws including, without limitation, Civil Code Il 52(a);
    • For pre-judgment interest to the extent permitted by law;
    • For costs ofsuit; and,
    • For such other and further relief as this Court deemsjust and proper.

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