Mageno v. TC1 Beverly, LLC

Summary

On June 30, 2020, Perla Mageno filed a Complaint in California Federal court against TC1 Beverly, LLC. Plaintiff Perla Mageno alleges that www.terroni.com is not accessible per the WCAG 2.0, Section 508 accessibility standard(s).

About the defendant

Terroni is an Italian restaurant, bar, grocery, and wine store in Beverly Hills.

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”). Alt-text is invisible code embedded beneath a graphical image on a website. Web accessibility requires that Alt-text be coded with each picture so that screen-reading software can speak the Alt-text where a sighted user sees pictures. Alt-text does not change the visual presentation, but instead a text box shows when the cursor moves over the picture. The lack of Alt-text on these graphics prevents screen-readers from accurately vocalizing a description of the graphics.
• There are multiple unlabeled or mislabeled buttons and links. Without descriptive alternate text, Plaintiff, and other screen-reader users, have no clue about the purpose or function of the button or link;
• Plaintiff encountered multiple pages containing insufficientnavigational headings requiring Plaintiff to expend substantialadditional time to access information;
• Plaintiff was unable to browse products because product links and descriptions were inaccessible to screen reading technology; and,
• Plaintiff was 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.

• Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
• 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 was in violation of the specific requirements of Title III of the ADA 42 U.S.C. § 12181 et seq., and the relevant implementing regulations of the ADA, for Defendant’s failure to take action that was reasonably calculated to ensure that its Website is fully accessible to, and independently usable by, blind and visuallyimpaired individuals;
• A preliminary and permanent injunction enjoining Defendant from violating the ADA, 42 U.S.C. § 12181 et seq., and/or the UCRA, Civil Code § 51 et seq. with respect to its website lakushep.com;
• A preliminary and permanent injunction requiring Defendant to take the steps necessary to make lakushep.com 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;
• For attorneys' fees and expenses pursuant to all applicable laws including, without limitation, pursuant to 42 U.S.C. § 12188(a)(1), and California Civil Code § 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.