Refugio Rodriguez v. Big 5, Corp

Summary

On February 13, 2019, Refugio Rodriguez filed a Complaint in California State court against Big 5 Corp.. Plaintiff Refugio Rodriguez alleges that www.big5sportinggoods.com/store/ is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Big 5 Corporation sells sporting goods, athletic apparel, shoes, and other accessories at brick and mortar retail stores and via its website.

What the complaint says

The problems the plaintiff describes with the website.

• Missing Alternative Text, or a text equivalent.
• Missing Audio Description or Media Alternative.
• Content is not presented in a meaningful sequence.
• Pause, Stop, Hide feature missing.
• No mechanism is available to bypass blocks of content that are repeated on multiple pages of web content.
• Lack of Focus Order.
• Lack of Link Purpose.
• Lack of Error Identification.
• Resize Text feature does not provide zoom functionality causing text to run off the visible page.
• Website does not use images of text.
• Focus is not visible.

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 preliminary and permanent injunction enjoining Defendant from violating the UCRA, Cal. Civ. Code $ 51, et seq.;
• A preliminary and permanent injunction requiring Defendant to take the steps necessary to make website readilyaccessible to and usable by visually-impaired individuals, but Plaintiffhereby expressly limits the injunctive relief to require that Defendant expend no sum that is greater than $ 50,000;
• Minimum damages of $4,000 per violation pursuant to section 52(a) of the California Civil Code;
• Reasonable attorneys' fees and costs (including expert fees) and other expenses of suit; and
• Such other and further relief as it deems necessary, just, proper, and appropriate.