Sheila Biglang-awa v. G-star Raw Estore Inc.

Summary

On July 29, 2019, Sheila Biglang-Awa filed a Complaint in California State court against G-Star Raw EStore Inc. . Plaintiff Sheila Biglang-Awa alleges that www.g-star.com/en_us is not accessible per the WCAG 2.0, Section 508 accessibility standard(s).

About the defendant

G-Star Raw EStore Inc. is a Dutch designer denim and clothing company.

What the complaint says

The problems the plaintiff describes with the website.

• The home page has gmphics, links, and buttons that are not labeled or are incorrectly labeled, or lack alternative text ("Alt-text")
• Plaintiff encountered multiple unlabeled or mislabeled buttons and links.
• Plaintiff encountered multiple pages containing insufficient navigational headings requiring Plaintiff to expend substantial additional time to access information
• Plaintiff was unable to sign up for promotions because the promotions link was inaccessible to to screen reading technology
• Plaintiff was unable to make a purchase because of an inaccessible checkout system
• Plaintiff was unable to find a brick-and-mortar location because the locations link was inaccessible to screen reading technology

Legal claims

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

• Violation of the 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 ofthis action Defendant owns, maintains, and/or operates its website in a manner which discriminates against the blind, fails to provide access to blind or visually-impaired individuals, and that Defendant took no action that was reasonably calculated to ensure that its website is fully accessible to, and independently usable by blind and visually-impaired individuals in violation of California’s Unruh Act, California CivilCode 51, et seq
• A preliminary and permanent injunction enjoining Defendant from further violations ofthe UCRA, Civil Code 51 et seq. with respect to "www.g-star.com/en_us."
• A preliminary and permanent injunction requiring Defendant to take the steps necessary to make www.g-star.com/en_us readily accessible to and usable by blind and visually-impaired individuals but Plaintiff hereby expressly limits the Injunctive relief to require that Defendant expend no more than $ 50,000 thereon
• An award ofstatutory minimum statutory damages ofnot less than $4,000 per violation pursuant to 52(a) ofthe California Civil Code
• An additional award of $4,000.00 as deterrence damages for each violation pursuant to Johnson v. Guedoir, 218 F. Supp. 3d 1096; 2016 U.S. Dist.LEXIS 150740 (USDC Cal, E.D. 2016)
• For attorneys' fees and expenses pursuant to all applicable laws including, without limitation, CivilCode 52(a);
• For pre-judgment interest to the extent permitted by law
• For costs of suit
• For such other and further relief as this Court deems just and proper