REFUGIO RODRIGUEZ v. BIG 5, CORP

    Plaintiff

    • Name: Refugio Rodriguez
    • Filing date: February 13, 2019
    • State of filing: California

    Defendant

    • Name: Big 5 Corp.
    • Website: www.big5sportinggoods.com/store/
    • Industry: Consumer Goods
    • Summary: Big 5 Corporation sells sporting goods, athletic apparel, shoes, and other accessories at brick and mortar retail stores and via its website.

    Case Summary

    On February 13, 2019, Refugio Rodriguez filed a Complaint in California State court against Big 5 Corp.. Plaintiff Refugio Rodriguez alleges that www.big5sportinggoods.com/store/ is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Missing Alternative Text, or a text equivalent. 
    • Missing Audio Description or Media Alternative.
    • Content is not presented in a meaningful sequence. 
    • Pause, Stop, Hide feature missing.
    • No mechanism is available to bypass blocks of content that are repeated on multiple pages of web content.
    • Lack of Focus Order.
    • Lack of Link Purpose.
    • Lack of Error Identification.
    • Resize Text feature does not provide zoom functionality causing text to run off the visible page.
    • Website does not use images of text.
    • Focus is not visible. 

    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 preliminary and permanent injunction enjoining Defendant from violating the UCRA, Cal. Civ. Code $ 51, et seq.;
    • A preliminary and permanent injunction requiring Defendant to take the steps necessary to make website readily
      accessible to and usable by visually-impaired individuals, but Plaintiffhereby expressly limits the injunctive relief to require that Defendant expend no sum that is greater than $ 50,000;
    • Minimum damages of $4,000 per violation pursuant to section 52(a) of the California Civil Code;
    • Reasonable attorneys' fees and costs (including expert fees) and other expenses of suit; and
    • Such other and further relief as it deems necessary, just, proper, and appropriate.

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