Cesar Cotto v. Pinches Anaya LLC

Summary

On February 26, 2019, Cesar Cotto filed a Complaint in California State court against Pinches Anaya LLC. Plaintiff Cesar Cotto alleges that www.pinchestacos.com is not accessible per the WCAG 2.0, Section 508 accessibility standard(s).

About the defendant

Pinches Anayas LLC owns and operates a chain of Pinches Tacos restaurants. The company also owns and operates a website with information about locations, menus, etc.

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"). Alt-text is invisible code embedded beneath a graphical image on a website. Web accessibility requires that Alt-text be coded with each picture so that screen-reading software can speak the Alt-text where a sighted user sees pictures. Alt-text does not change the visual presentation, but instead a text box shows when the cursor moves over the picture. The lack of Alt-text on these graphics prevents screen readers from accurately vocalizing a description ofthe graphics.
• Multiple unlabeled or mislabeled buttons and links. Without descriptive alternate text, Plaintiffs, and other screen reader users, have no clue about the purpose or function ofthe button or link;
• Multiple pages containing unlabeled graphics, links, and buttons while navigating the Website;
• Multiple pages containing insufficient navigational headings requiring additional time to access information;
• Unable to place an order for pickup because of an inaccessible checkout system;

Legal claims

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

• Unruh Civil Rights Act. California Civil Code Section 51 et seq.

What the plaintiff asks for

What the plaintiff wants the court to order.

• A Declaratory Judgment that at the commencement ofthis action Defendant owns, maintains, and/or operates its Website in a manner which discriminates against the blind, fails to provide access to blind or visually-impaired individuals, and that Defendant took no action that was reasonably calculated to ensure that its Website is fullyaccessible to, and independently usable by blind and visually impaired individuals in violation of California’s Unruh Act, California Civil Code Section 51, et seq.;
• A preliminary and permanent injunction enjoining Defendant from further violations ofthe UCRA, Civil Code Section 51 et seq. with respect to its website.
• A preliminary and permanent injunction requiring Defendant to take the steps necessary to make www.pinchestacos.com readily accessible to and usable by blind and visually impaired individuals, limited to no more than $ 50,000;