MAGENO v. WINCO FOODS FOUNDATION, INC.

    Plaintiff

    • Name: Perla Mageno
    • Filing date: December 20, 2019
    • State of filing: California

    Defendant

    • Name: Winco Fods Foundation Inc.
    • Website: www.wincofoods.com
    • Industry: Food Products
    • Summary: WinCo Foods is a grocery store chain in the Boise, Fairview, and Milwaukee markets.

    Case Summary

    On December 20, 2019, Perla Mageno filed a Complaint in California State court against Winco Fods Foundation Inc.. Plaintiff Perla Mageno alleges that www.wincofoods.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");
    • 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 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 of this 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 Section 51, et seq;.
    • A preliminary and permanent injunction enjoining Defendant from further violations ofthe UCRA, Civil Code tj 51 er seq. with respect to "wincofoods.corn."
    • A preliminary and permanent injunction requiring Defendant to take the steps necessary to make wincofoods.corn readily accessible to and usable by blind and visually-impaired individuals but Plaintiff hereby expressly limits the injunctive relief to require that Defendant expend no more than $50,000 thereon;
    • Plaintiffseeks no relief related to any architectural barriers to access in this Complaint and expressly limits all claims to injunctive reliefto modifications of Defendant's policies and procedures related to the Website;
    • An award of statutory minimum statutory damages of not less than $4,000 per violation pursuant to f 52(a) of the California Civil Code;
      6. 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, Crml Code Section 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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