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Delgadillo v. Midtown Comics, Inc.

Filed

Case details

Summary

On March 5, 2019, Desmond Delgadillo filed a Complaint in New York Federal court against Midtown Comics, Inc.. Plaintiff Desmond Delgadillo alleges that www.midtowncomics.com/ is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Midtown Comics is a New York City comic book retailer.

What the complaint says

The problems the plaintiff describes with the website.

  • Plaintiff found unlabeled buttons and links prevented him from navigating the website
  • Plaintiff found at least one cursor trap that prevented him from navigating the website
  • Plaintiff encountered multiple pages that contained insufficient navigational headings, requiring Plaintiff to expend substantial amount of time to access information
  • Plaintiff encountered an accessibility widget offered via the Website; however, Plaintiff found that the accessibility widget did not improve his ability to navigate and access the Website
  • Plaintiff was unable to make a purchase due to the excessive amount of individual headings presented on each page of the Website

Legal claims

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

  • Violations of the Americans with Disabilities Act
  • 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.

  • A preliminary and permanent injunction enjoining Defendant from violating the UCRA, Civil Code § 51 et seq, with respect to its website
  • A preliminary and permanent injunction requiring Defendant to take the steps necessary to make its website 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
  • An additional award of $4,000.00 as deterrence damages for each violation pursuant to Johnson v. Guedoir, 218 F. Supp. 3d 1096; 2016 U.S. Dist. LEXIS 150740 (USDC Cal, E.D. 2016)
  • For attorneys' fees and expenses pursuant to all applicable laws including, without limitation, pursuant to California Civil Code § 52(a)
  • For prejudgment interest to the extent permitted by law
  • For costs of suit
  • For such other and further relief as this Court deems just and proper