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Brittney Mejico v. Anastasia Beverly Hills, LLC

Filed

Case details

Summary

On February 3, 2019, Brittney Mejico and Abelardo Martinez, Jr. filed a Complaint in California Federal court against Anastasia Beverly Hills, LLC. Plaintiff Brittney Mejico and Abelardo Martinez, Jr. alleges that www.anastasiabeverlyhills.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Anastasia Beverly Hills, LLC sells cosmetics and other beauty products at retail stores and via its website.

What the complaint says

The problems the plaintiff describes with the website.

  • Linked image missing alternative text which presents a problem because an image without alternative text results in an empty link.
  • Empty or missing form labels which presented a problem because if a form control does not have a properly associated text label, the function or purpose of that form control may not be presented to screen reader users.
  • Empty links that contain no text causing the function or purpose of the link to not be presented to the user. This can introduce confusion for keyboard and screen reader users; and
  • Redundant links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen reader users.

Legal claims

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

  • Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
  • 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 Plaintiffs’ rights under the ADA, 42 U.S.C. § 12181 et seq., and the Unruh Civil Rights Act, California Civil Code § 51 et seq.;
  • For 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 requiring Defendant to take the steps necessary to make the Website, www.anastasiabeverlyhills.com, readily accessible to and usable by visually-impaired individuals;
  • An award of statutory minimum damages of $4,000 per violation pursuant to section 52(a) of the California Civil Code;
  • For attorneys’ fees and expenses pursuant to all applicable laws including, without limitation, California Civil Code § 52(a);
  • For pre-judgment interest to the extent permitted by law; 6. For costs of suit; and