Martinez v. Social Knowledge, LLC

Summary

On March 19, 2021, Abelardo Martiniez, Jr filed a Complaint in California State court against Social Knowledge. Plaintiff Abelardo Martiniez, Jr alleges that www.camperreport.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Camper Report provides buying information, reviews, and related info regarding camping trailers and RVs.

What the complaint says

The problems the plaintiff describes with the website.

• Missing alternative text which presents a problem because an image without alternative text results in an empty link. Alternative Text is invisible code embedded beneath a graphical image on a website. Web accessibility requires that Alternative Text be coded with each picture so that a screen reader can speak the Alternative Text where a sighted user sees pictures. Alternative Text does not change thevisual presentation, but instead generates a text box that will pop-up when the mouse moves over the picture. The lack of Alternative Text on these graphics prevents screen readers from accurately vocalizing a description of the graphics;
• Linked image missing alternative text which presents aproblem because an image without alternative text results in an empty link. Images that are the only thing within a link must have descriptive alternative text. If an image is within a link that contains no text and that image does not provide alternative text, a screen reader has no content to present to the user regarding the function of the link;
• Empty or missing form labels which presents a problembecause, if a form control does not have a properly associated text label, the function or purpose of thatform control may not be presented to screen reader users. Form labels provide visible descriptions andlarger clickable targets for form controls;
• Empty headings, which present a problem because aheading contains no content. Keyboard and screen reader users often navigate by heading elements.An empty heading will present no information and may introduce confusion; and
• Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetitionfor keyboard and screen reader users.

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.

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, etseq., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
• A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its App into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the App is readily accessible to and usable by blind individuals;
• A declaration that Defendant owns, maintains and/or operates its App in a manner which discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
• An order directing Defendants to continually update and maintain its App to ensure that it remains fully accessible to and usable by the visually-impaired;
• Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff for violations of their civil rights under New York State Human Rights Law and City Law;
• Plaintiff’s reasonable attorneys’ fees, expenses, and costs of suit as provided by state and federal law;
• For pre- and post-judgment interest to the extent permitted by law; and
• For such other and further relief which this court deems just and proper.