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ADA Website Accessibility Lawsuit: a California corporation and online service provider

Case # · District Court, C.D. California · Filed June 30, 2020

Plaintiff's Firm: MANNING LAW, APC

Missing Alt TextKeyboard Navigation FailureScreen Reader IncompatibilityUnlabeled Form ElementsInaccessible PDF Documents

Case Summary

Plaintiff PERLA MAGENO has filed a civil rights action against an entity operating brick-and-mortar locations and an associated website, in the United States District Court, Central District of California, on June 30, 2020. The lawsuit alleges that the defendant's website fails to be fully accessible to blind and visually-impaired individuals, thereby violating the Americans with Disabilities Act (ADA) Title III and California's Unruh Civil Rights Act.

The complaint details various specific accessibility barriers including the absence of alternative text for non-text elements, unlabeled or mislabeled links and buttons, and forms not providing the same information and functionality as for sighted users. Further alleged violations include issues with keyboard operability where the focus indicator is not discernible, content not being rendered into text for screen readers, lack of page titles or descriptive link purposes, and inaccessible Portable Document Format (PDF) files.

This legal action highlights the ongoing risk for businesses that operate websites or digital platforms that are not designed to be equally accessible to individuals with disabilities. Companies in similar industries are urged to ensure their digital offerings comply with web accessibility standards to avoid potential lawsuits, injunctive relief, and statutory damages for discrimination.

Case Q&A

What specific WCAG violations is this online service provider accused of?

The complaint alleges numerous barriers including missing alternative text for images and graphics, unlabeled or mislabeled links and buttons, inaccessible forms, and issues with keyboard navigation and screen-reader compatibility, such as cursor traps and content not rendered as text. Inaccessible PDFs and lack of discernible keyboard focus are also cited.

Who filed this lawsuit, and which law firm?

PERLA MAGENO filed this lawsuit, represented by the law firm MANNING LAW, APC.

What legal risk does this create?

This creates a legal risk for similar businesses of facing claims for injunctive relief and statutory damages under the ADA and state civil rights acts if their digital platforms are not independently usable by disabled individuals, necessitating proactive accessibility compliance.

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