Young v. Shoe Palace Corpration

Summary

On March 31, 2021, Sarah Young filed a Complaint in California Federal court against Shoe Palace Corporation. Plaintiff Sarah Young alleges that www.shoepalace.com is not accessible per the WCAG 2.1 accessibility standard(s).

About the defendant

Shoe Palace sells shoes and accessories for men, women, and children at retail and via its website.

What the complaint says

The problems the plaintiff describes with the website.

• Lack of Alternative Text (“alt-text”), or a text equivalent. Alt-text is invisible code embedded beneath a graphic or image on a website that is read to a user by a screen-reader. For graphics or images to be fully accessible for screen-reader users, it requires that alt-text be coded with each graphic or image so that screen reading software can speak the alt-text to describe the graphic or image where asighted user would just see the graphic or image. Alt-text does notchange the visual presentation, but instead a text box shows whenthe cursor hovers over the graphic or image. The lack of alt-text ongraphics and images prevents screen-readers from accuratelyvocalizing a description of the image or graphic. As a result,Plaintiff and Class Members, who are blind and visually impairedcustomers, are unable to shop and access the ultimate experiencewhen it comes to shoe and apparel shopping. Consumers are alsounable to access information about new arrivals; footwear for men,women, and children; apparel for men, women, and children;accessories for men, women, and children; reputable brands forsale; exclusive collections; sale items; store locations; andpersonalized accounts. Further, Consumers cannot accessinformation regarding career opportunities, shipping, returns,exchanges, Defendant’s story, social media webpages, contactinformation, newsletter, or complete any purchases;
• Empty Links that contain No Text causing the function or purposeof the link to not be presented to the user. This can introduceconfusion for keyboard and screen-reader users;
• Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboardand screen-reader users; and
• Linked Images missing alt-text, which causes problems if an image within a link does not contain any descriptive text and that imagedoes not have alt-text. A screen reader then has no content to present the user as to the function of the link, including information or links for and contained in PDFs.

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

• Violations of the ADA, 42 U.S.C. § 12181 et seq.
• Violations of the NYSHRL
• Violations of the Rehabilitation Act of 1973, §504
• Violations of the NYCHRL
• Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., The Rehabilitation Act of 1973, § 504 et seq., and the laws of New York
• A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with the requirements set forth in the ADA and the RA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals
• A declaration that Defendant owns, maintains and/or operates its Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., The Rehabilitation Act of 1973, § 504 et seq., and the laws of New York
• An order certifying the Class and Sub-Classes under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and her attorneys as Class Counsel
• Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and Sub-Classes for violations of their civil rights under New York State Human Rights Law and City Law
• Pre- and post-judgment interest; g. An award of costs and expenses of the action together with reasonable attorneys’ and expert fees; and h. Such other and further relief as this Court deems just and proper.