WALTER MITCHELL v. THE SHUBERT ORGANIZATION, INC.

    Plaintiff

    • Name: Walter Mitchell
    • Filing date: July 22, 2020
    • State of filing: New York

    Defendant

    • Name: The Shubert Organization Inc.
    • Website: www.telecharge.com
    • Industry: Entertainment
    • Summary: The Shubert Organization is a theatrical producing organization and a major owner of theatres based in Manhattan, New York City.

    Case Summary

    On July 22, 2020, Walter Mitchell filed a Complaint in New York State court against The Shubert Organization Inc. . Plaintiff Walter Mitchell alleges that www.telecharge.com 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 which presents a problem because an image without alternative text results in an empty link.
    • Document language missing, which presents a problem because the language of the document is not identified.
    • Empty buttons, which present a problem because a button is empty or has no value text.
    • Empty headings, which present a problem because a heading contains no content.
    • Empty buttons, which present a problem because a button is empty or has no value text. When navigating to a button, descriptive text must be presented to screen reader users to indicate the function of the button.

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

    • Violations of the Unruh Civil Rights Act, California Civil Code § 51 et seq.

    Plaintiff seeks the following relief by way of its Complaint:

    • For a judgment that Defendant violated Plaintiff’s rights under the Unruh Civil Rights Act, California Civil Code § 51 et seq.
    • For a preliminary and permanent injunction requiring Defendant to take the steps necessary to make the Website, https://www.telecharge.com/, readily accessible to and usable by visually-impaired individuals; but Plaintiff hereby expressly limits the injunctive relief to require that Defendant expend no more $20,000 as the cost of injunctive relief
    • An award of statutory minimum damages of $4,000 per violation pursuant to section 52(a) of the California Civil Code; however, Plaintiff expressly limits the total amount of recovery, including statutory damages, attorneys’ fees and costs, and cost of injunctive relief not to exceed $74,999
    • For attorneys’ fees and expenses pursuant to all applicable laws including, without limitation, California Civil Code § 52(a); however, Plaintiff expressly limits the total amount of recovery, including statutory damages, attorneys’ fees and costs, and cost of injunctive relief not to exceed $74,999
    • For pre-judgment interest to the extent permitted by law;

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