Rodriguez v. Wandering Bear Inc.

Summary

On March 31, 2021, Angel Rodriguez filed a Complaint in New York Federal court against Wandering Bear Inc.. Plaintiff Angel Rodriguez alleges that www.wanderingbearcoffee.com is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).

About the defendant

Wandering Bear manufactures and sells cold brew coffee kits for home and office brewing.

What the complaint says

The problems the plaintiff describes with the website.

• lack of alt-text on graphics,
• inaccessible drop-down menus,
• the lack of navigation links,
• the lack of adequate prompting and labeling,
• the denial of keyboard access,
• empty links that contain no text,
• redundant links where adjacent links go to the same URL address, and
• the requirement that transactions be performed solely with a mouse.

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

• Violation of Unruh Civil Rights Act (California Civil Code §§ 51, 52, et seq.)
• Violation of New York State Human Rights Law, N.Y. Exec. Law Article 15 (Executive Law § 292 et seq.)
• Violation of New York State Civil Rights Law, NY CLS Civ R,Article 4 (CLS Civ R § 40 et seq.)
• Violation of New York City Human Rights Law,N.Y.C. Administrative Code § 8-102, et seq.)
• Declaratory Relief

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 website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the website is readily accessible to and usable by blind individuals;
• A declaration that Defendant owns, maintains and/or operates its website, Knotstandard.com, in a manner which discriminates against the blind and which fails toprovide 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 certifying this case as a class action under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel;
• An order directing Defendants to continually update and maintain its website to ensurethat 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 and the proposed class for violations of their civilrights under New York State Human Rights Law and City Law;