Walter Mitchell v. The Shubert Organization, Inc.
Filed
Case details
- Defendant’s website
Summary
On July 22, 2020, Walter Mitchell filed a Complaint in New York State court against The Shubert Organization Inc. . Plaintiff Walter Mitchell alleges that www.telecharge.com is not accessible per the WCAG 2.0 accessibility standard(s).
About the defendant
The Shubert Organization is a theatrical producing organization and a major owner of theatres based in Manhattan, New York City.
What the complaint says
The problems the plaintiff describes with the website.
- Missing alternative text which presents a problem because an image without alternative text results in an empty link.
- Document language missing, which presents a problem because the language of the document is not identified.
- Empty buttons, which present a problem because a button is empty or has no value text.
- Empty headings, which present a problem because a heading contains no content.
- Empty buttons, which present a problem because a button is empty or has no value text. When navigating to a button, descriptive text must be presented to screen reader users to indicate the function of the button.
Legal claims
The laws the plaintiff says the defendant broke, called causes of action.
- Violations 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.
- 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 Website, https://www.telecharge.com/, readily accessible to and usable by visually-impaired individuals; but Plaintiff hereby expressly limits the injunctive relief to require that Defendant expend no more $20,000 as the cost of injunctive relief
- An award of statutory minimum damages of $4,000 per violation pursuant to section 52(a) of the California Civil Code; 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 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;