Rios v. Mel Bernie and Company, Inc.

Summary

On April 4, 2019, Roy Rios filed a Complaint in California State court against Mel Bernie and Company Inc.. Plaintiff Roy Rios alleges that www.1928.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Mel Bernie and Company Inc. produces and sells jewelry and accessories via its website, www.1928.com.

What the complaint says

The problems the plaintiff describes with the website.

• Linked image missing alternative text which presents a problem because an image without alternative text results in an empty link.
• Empty links that contain no text causing the function or purpose of the link to not be presented to the user. This can introduce confusion for keyboard and screen reader users; and
• Redundant links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen reader users.

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.

• For a judgment that Defendant violated Plaintiff’s rights under the Unruh Civil Rights Act, California Civil Code § 51 et seq.
• For a preliminary and permanent injunction requiring Defendant to take the steps necessary to make the Websites readily accessible to and usable by visually-impaired individuals, but Plaintiff hereby expressly limit the injunctive relief to require the Defendant expend no more than $20,000 as the cost of injunctive releif;
• An award of statutory minimum damages of $4,000 per violation pursuant to section 52(a) of the California Civil Code, however, Plaintiff expressly limit the total amount of recovery, including statutory damages, attorneys' fees and costs, and cost of injunctive relief not to exceed $74,999;
• For attorneys’ fees and expenses pursuant to all applicable laws including, without limitation, California Civil Code § 52(a); however, Plaintiff expressly limits the total amount of recovery, including statutory damages, attorneys’ fees and costs, and cost of injunctive relief not to exceed $74,999;
• For pre-judgment interest to the extent permitted by law;
• For costs of suit; and
• For such other and further relief as the Court Deems just and proper.