CRUZ v. SMITH & WESSON BRANDS, INC.

    Plaintiff

    • Name: Shael Cruz
    • Filing date: November 12, 2020
    • State of filing: New York

    Defendant

    • Name: Smith & Wesson Brands, Inc.
    • Website: www.store.smith-wesson.com
    • Industry: Consumer Goods
    • Summary: Smith & Wesson Brands, Inc. is a firearms manufacturer selling handguns, rifles, ammo, and shooting accessories.

    Case Summary

    On November 12, 2020, Shael Cruz filed a Complaint in New York Federal court against Smith & Wesson Brands, Inc.. Plaintiff Shael Cruz alleges that www.store.smith-wesson.com is not accessible per the WCAG 2.1 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Lack of Alternative Text (“alt-text”), or a text equivalent. Alt-text is an 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, which includes captcha prompts. 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.
    • Empty Links That Contain No Text causing the function or purpose of the link to not be presented to the user. This can introduce confusion for keyboard and screen- reader users;
    • Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users; and
    • Linked Images Missing Alt-text, which causes problems if an image within a link contains no text and that image does not provide alt-text. A screen reader then has no content to present the user as to the function of the link, including information contained in PDFs.
    • The company logo acts as a link designed to take the user from wherever they may be within the Defendant's website to the homepage of that site. For this website, the link is not properly labeled and where the link ("logo") will operate properly (taking the user back to the home page), the missing label prevents the user (visually impaired) to interpret the logo/link and in the case of using a screen reader, the screen reader software cannot properly interpret the logo/link effectively hiding the purpose of that link from the user.
      b. When using a keyboard for navigation, the sub-menus, found from the menu options of the Main menu are not properly interpreted by screen readers and are ineffective in either communicating what they contain or provide any information to the user so that they are aware of what is occurring on the website.
    • Banner found on the website contains promotional or discount information integrated as part of the image. Neither the image description nor the alternate text properly describes the image but more importantly fails to describe the promotion, discount in any form. and thus, fails to provide the user sufficient information for deciding if they wish to take advantage of the opportunity presented.
    • Products have text that describe the item's price. The pricing is not labeled to integrate with screen reader, therefore, bars the user from knowing the cost the product is been offered to make a purchase.
    • The website permits the user to buy quantities of its product greater than one. The quantity option is not properly labeled, thus barring the user from adding products to their shopping cart.

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

    • VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq.
    • VIOLATIONS OF THE NYSHRL
    • VIOLATION OF THE NEW YORK STATE CIVIL RIGHTS LAW
    • VIOLATIONS OF THE NYCHRL
    • DECLARATORY RELIEF

    Plaintiff seeks the following relief by way of its Complaint:

    • VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq.
    • VIOLATIONS OF THE NYSHRL
    • VIOLATION OF THE NEW YORK STATE CIVIL RIGHTS LAW
    • VIOLATIONS OF THE NYCHRL
    • DECLARATORY RELIEF

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