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Martinez v. The Safe and Fair Food Company LLC

Filed

Case details

Summary

On December 29, 2020, Pedro Martinez filed a Complaint in New York Federal court against The Safe and Fair Food Company LLC. Plaintiff Pedro Martinez alleges that www.safeandfair.com is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).

About the defendant

Safe and Fair manufactures, bags, and sells popcorn and related snack foods.

What the complaint says

The problems the plaintiff describes with the website.

  • lack of alt-text on graphics,
  • inaccessible drop-down menus,
  • the lack of navigation links,
  • the lack of adequate prompting and labeling,
  • the denial of keyboard access,
  • empty links that contain no text,
  • redundant links where adjacent links go to the same URL address, and
  • the requirement that transactions be performed solely with a mouse

Legal claims

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

  • 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.

  • For a judgment that Defendant violated Plaintiff’s rights under the Unruh Civil Rights Act, California Civil Code § 51 et seq.
  • For a preliminary and permanent injunction requiring Defendant to take the steps necessary to make the Website, readily accessible to and usable by visually-impaired individuals; but Plaintiff hereby expressly limits the injunctive relief to require that Defendant expend no more $20,000 as the cost of injunctive relief
  • An award of statutory minimum damages of $4,000 per violation pursuant to section 52(a) of the California Civil Code; however, Plaintiff expressly limits the total amount of recovery, including statutory damages, attorneys’ fees and costs, and cost of injunctive relief not to exceed $74,999
  • For attorneys’ fees and expenses pursuant to all applicable laws including, without limitation, California Civil Code § 52(a); however, Plaintiff expressly limits the total amount of recovery, including statutory damages, attorneys’ fees and costs, and cost of injunctive relief not to exceed $74,999
  • For pre-judgment interest to the extent permitted by law
  • For costs of suit
  • For such other and further relief as the Court deems just and proper.