Cesar Cotto v. Randy’s Donuts & Gourmet Sandwich Shops, Inc.

Summary

On May 28, 2019, Cesar Cotto filed a Complaint in California State court against Randy's Donuts & Gourmet Sandwich Shops Inc. . Plaintiff Cesar Cotto alleges that www.randysdonuts.com is not accessible per the WCAG 2.0, Section 508 accessibility standard(s).

About the defendant

Randy's Donuts & Gourmet Sandwich Shops Inc. operates donut shops with their landmark store located in Inglewood, California.

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")
• Multiple unlabeled or mislabeled buttons and links
• Multiple pages containing insufficient navigational headings requiring Plaintiff to expend substantial additional time to access information
• Unable to browse the menu because menu links and descriptions were inaccessible to screen reading technology
• 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.

• 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.

• Violation of the Unruh Civil Rights Act, California Civil Code §51 et seq.
• 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 18 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 20 blind and visually impaired individuals in violation ofCalifornia’s Unruh Act, California CivilCode 21 fJ 51, et seq
• A preliminary and permanent injunction enjoining Defendant from further violations ofthe UCRA, CivilCode 51 et seq. with respect to its website www.randysdonuts.com
• A preliminary and permanent injunction requiring Defendant to take the steps necessary to make www.randysdonuts.com readily accessible to and usable by blind and visually-impaired individuals but Plaintiffhereby expressly limits the injunctive reliefto require that Defendant expend no more than $ 50,000 thereon
• An award of statutory minimum statutory damages ofnot less than $4,000 per violation pursuant to (52(a) of the California Civil Code
• An additional award of $4,000.00 as deterrence damages for each violation pursuant to Johnson v. Guedoir, 218 F. Supp. 3d 1096; 2016 I..S. Dist. LEXIS 150740 (USDC Cal, E.D. 2016)
• For attorneys' fees and expenses pursuant to all applicable laws including, without limitation, 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.