Plaintiff
- Name: Robert Smith
- Filing date: May 30, 2019
- State of filing: California
Defendant
- Name: Bear Flag Fish Company
- Website: www.bearflagfishco.com
- Industry: Hotel, Restaurant and Leisure
- Summary: Bear Flag Fish Company operates fish markets and restuarants in southern California
Case Summary
On May 30, 2019, Robert Smith filed a Complaint in California State court against Bear Flag Fish Company . Plaintiff Robert Smith alleges that www.bearflagfishco.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")
- Plaintiff encountered multiple unlabeled or mislabeled buttons and links
- 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
- Plaintiff was unable to make a purchase because of an inaccessible checkout system
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violation of the 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 20 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 51, et seq;
- A preliminary and permanent injunction enjoining Defendant from further violations of the UCRA, Civil Code 51 et seq. with respect to its website "www.bearflagfishco.com."
- A preliminary and permanent injunction requiring Defendant to take the steps necessary to make www.bearflagfishco.com 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;
- An award of statutory minimum statutory damages of not less than $4,000 per violation pursuant to 52(a) of the 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 §52(a);
- For pre-judgment interest to the extent permitted by law
- For costs of suit
- For such other and further relief as this Court deems just and proper
