Abelardo Martinez, Jr. v. Farwest Sports, Inc.
Filed
Case details
- Defendant’s website
Summary
On November 25, 2019, Abelardo Martinez Jr. filed a Complaint in California State court against Farwest Sports, Inc.. Plaintiff Abelardo Martinez Jr. alleges that www.sportco.com is not accessible per the WCAG 2.0 accessibility standard(s).
About the defendant
Farwest Sports, Inc. operates the Sportco & Outdoor Emporium, which sells outdoor related products at warehouse prices.
What the complaint says
The problems the plaintiff describes with the website.
- Document language missing
- Missing alternative text
- Empty or missing form labels
- Linked image missing alternative text
Legal claims
The laws the plaintiff says the defendant broke, called causes of action.
- Violations of the Unruh Civil Rights Act, California Civil Code § 51 et seq.
What the plaintiff asks for
What the plaintiff wants the court to order.
- 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, www.sportco.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
- For costs of suit
- For such other and further relief as the Court deems just and proper