Desmond Delgadillo v. Robert Graham Retail LLC

Summary

On May 28, 2019, Desmond Delgadillo filed a Complaint in California State court against Robert Graham Retail LLC . Plaintiff Desmond Delgadillo alleges that www.robertgraham.us is not accessible.

About the defendant

Robert Graham Retail LLC is a designer and retailer of men's and women's apparel.

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")
• Plaintiff encountered 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
• Unable to browse products because product 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.

• 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 fully accessible to, and independently usable by blind and visually-impaired individuals in violation ofCalifornia’s Unruh Act, California CivilCode II 51, et seq
• A preliminary and permanent injunction enjoining Defendant from further violations ofthe UCRA, CivilCode ( 51 er seq. with respect to "www.robertgraham.us."
• A preliminary and permanent injunction requiring Defendant to take the steps necessary to make www.robertgraham.us readily accessible to and usable by blind and visually-impaired individuals but Plaintiff hereby expressly limits the injunctive reliefto require that Defendant expend no more than $50,000 thereon
• An award ofstatutory minimum statutory damages ofnot less than $ 4,000 per violation pursuant to II 52(a) ofthe California CivilCode
• 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, CivilCode 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