Rodriguez v. New Balance Athletics, Inc.

Summary

On February 13, 2020, Rosario Rodriquez filed a Complaint in California State court against New Balance Atheletics, Inc.. Plaintiff Rosario Rodriquez alleges that www.newbalance.com is not accessible per the Section 508 accessibility standard(s).

About the defendant

New Balance Athletics manufactures and sells running, athletic, and fashion sneakers, as well as related apparel and accessories.

What the complaint says

The problems the plaintiff describes with the website.

• Lack of alt-text or text equivalent on graphics,
• Inaccessible forms,
• Lack of adequate prompting and labeling,
• Denial of keyboard access,
• Empty links and headings,
• Inability to complete important tasks using the keyboard and screen reader alone, and
• Content which is not fully readable or navigable using a screen reader.

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 Defendants from further violations of the UCRA, Civil Code §§ 51, et seq., with respect to their Website, and urls contained therein;
• A preliminary and permanent injunction requiring Defendants to take the steps necessary to make their Website readily and fully accessible to and usable by blind and visually impaired individuals. Plaintiff expressly limits the cost of injunctive relief sought in sections A and B to $15,000 or less;
• An award of statutory minimum damages of $4,000 per violation pursuant to § 52(a) of the California Civil Code;
• Attorneys’ fees and expenses pursuant to all applicable laws including, without limitation, pursuant to California Civil Code § 52(a);
• Pre-judgment interest to the extent permitted by law;
• Costs of suit; and
• Such other and further relief as this Court deems just and proper.