Cesar Cotto v. Holistic Pain Relief, LLC

Summary

On May 29, 2020, Cesar Cotto filed a Complaint in California Federal court against Holistic Pain Relief, LLC . Plaintiff Cesar Cotto alleges that www.lacannabisco.com is not accessible per the WCAG 2.0, Section 508 accessibility standard(s).

About the defendant

Holistic Pain Relief, LLC is a cannabis retailer.

What the complaint says

The problems the plaintiff describes with the website.

• The home page has graphics, links, and buttons that are not labeled or are incorrectly labeled, or lack alternative text (“Alt-text”)
• There are multiple unlabeled or mislabeled buttons and links.
• Plaintiff encountered multiple pages containing insufficient navigational headings requiring Plaintiff to expend substantial additional time to access information
• Plaintiff was unable to browse menu items because menu links and descriptions were inaccessible to screen reading technology
• Plaintiff was unable to make a purchase because of an inaccessible checkout system.

Legal claims

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

• Violations of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12181 et seq.
• Violation 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 Declaratory Judgment that at the commencement of this action Defendant was in violation of the specific requirements of Title III of the ADA 42 U.S.C. § 12181 et seq., and the relevant implementing regulations of the ADA, for Defendant’s failure to take action that was reasonably calculated to ensure that its Website is fully accessible to, and independently usable by, blind and visuallyimpaired individuals
• A preliminary and permanent injunction enjoining Defendant from violating the ADA, 42 U.S.C. § 12181 et seq., and/or the UCRA, Civil Code § 51 et seq. with respect to its website lacannabisco.com
• A preliminary and permanent injunction requiring Defendant to take the steps necessary to make Lacannabisco.com readily accessible to and usable by blind and visually-impaired individuals
• An award of statutory minimum damages of $4,000 per violation pursuant to § 52(a) of the California Civil Code
• For attorneys' fees and expenses pursuant to all applicable laws including, without limitation, pursuant to 42 U.S.C. § 12188(a)(1), and California Civil Code § 52(a)
• For pre-judgment interest to the extent permitted by law
• For costs of suit
• For such other and further relief as this Court deems just and proper.