Brett Desalvo v. Build a Bear Workshop, Inc.

Summary

On October 7, 2019, Brett DeSalvo filed a Complaint in California Federal court against Build a Bear Workshop, Inc.. Plaintiff Brett DeSalvo alleges that www.buildabear.com is not accessible per the WCAG 2.0, WCAG 2.1 accessibility standard(s).

About the defendant

Build-A-Bear Workshop, Inc. is an American retailer that sells teddy bears and other stuffed animals and characters.

What the complaint says

The problems the plaintiff describes with the website.

• Lack of Alternative Text
• Empty Links That Contain No Text
• Redundant Links
• Linked Images Missing Alt-text

Legal claims

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

• Violations of the Americans With Disabilities Act, 42 U.S.C. § 12181 et seq.
• 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 an Order certifying the Nationwide Class and California Class as defined herein and appointing Plaintiff and his Counsel to represent the Nationwide Class and the California Class
• A preliminary and permanent injunction pursuant to 42 U.S.C. § 12188(a)(1) and (2) and section 52.1 of the California Civil Code enjoining Defendant from violating the Unruh Civil Rights Act and ADA and requiring Defendant to take the steps necessary to make www.buildabear.com readily accessible to and usable by visually-impaired individuals
• An award of statutory minimum damages of $4,000 per offense per person pursuant to section 52(a) of the California Civil Code
• For attorneys’ fees and expenses pursuant to California Civil Code §§ 52(a), 52.1(h), and 42 U.S.C. § 12205
• 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