Mageno v. Burros & Fries, Inc

Summary

On April 26, 2019, Perla Mageno filed a Complaint in California State court against Burros & Fries, Inc.. Plaintiff Perla Mageno alleges that www.burrosandfries.com is not accessible per the WCAG 2.0, Section 508 accessibility standard(s).

About the defendant

Burros & Fries, Inc. owns and operates a chain of Burros & Fries restaurants.

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. Without descriptive alternate text, Screen reader users, have no clue about the purpose or function of the button or link;
• Multiple pages containing insufficient navigational headings requiring Plaintiff to expend substantial additional time to access information;
• Unable to signup for a personal profile because of aninaccessible signup system;
• 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.

• 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 of this 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 of California’s Unruh Act, California CivilCode Section 51, et seq;
• A preliminary and permanent injunction enjoining Defendant from further violations of the UCRA, Civil Code Section 51 et seq. with respect to the website.
• A preliminary and permanent injunction requiring Defendant to take the steps necessary to make the website readily accessible to and usable by blind and visually-impaired individuals but Plaintiff hereby expressly limits the injunctive relief to require that Defendant expend no more than $ 50,000 thereon;
• An award of statutory minimum statutory damages of not less than $4,000 per violation pursuant to Section 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, Civil Code Section 52(a);
• For pre-judgment interest to the extent permitted by law;
• For costs of suit; and,
• For such other and further relief as this Court deems just and proper.