Martinez v. Urthbox Inc.

Summary

On August 20, 2020, Pedro Martinez filed a Complaint in New York Federal court against Urthbox Inc.. Plaintiff Pedro Martinez alleges that www.urthbox.com is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).

About the defendant

Urthbox is an online, subscription-based service offering monthly boxes of organic and non-GMO snacks.

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.

• Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
• New York State Human Rights Law
• New York City Human Rights Law
• New York State Civil Rights Law
• Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, etseq., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
• A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its website, Urthbox.com, into full compliance with the requirementsset forth in the ADA, and its implementing regulations, so that Urthbox.com is readily accessible to and usable by blind individuals;
• A declaration that Defendant owns, maintains and/or operates its website, Urthbox.com, in a manner which discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., and N.Y.C. Administrative Code § 8-107,et seq., and the laws of New York;
• An order certifying this case as a class action under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel;
• An order directing Defendant to continually update and maintain its website to ensure that it remains fully accessible to and usable by the visually-impaired;
• Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff and the proposed class for violations of their civilrights under New York State Human Rights Law and City Law;
• Plaintiff’s reasonable attorneys’ fees, expenses, and costs of suit as provided by state and federal law;