GUILLERMO ROBLES vs. DOMINO’S PIZZA LLC

GUILLERMO ROBLES, represented by MANNING LAW, APC, filed suit in Federal of California on September 1, 2016 alleging that Dominos, LLC website www.Dominos.com is not accessible using the following testing standard(s): WCAG 2.0, Section 508. Dominos, LLC is in the Hotel, Restaurant and Leisure industry.

The plaintiff alleges the following issues:

  • Failure to design, construct, maintain, and operate its website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people . Defendant’s denial of full and equal access to its website, and therefore denial of its products and services offered thereby and in conjunction with its physical locations, is a violation of Plaintiff’s rights under the Americans with Disabilities Act (“ADA”) and Cali fornia’s Unruh Civil Rights Act (“UCRA”).
  • Plaintiff further brings this action against Defendant for failing to design, construct, maintain, and operate its mobile application (“Mobile App” or “Mobile Application”) to be fully accessible to, and independently usable by Plaintiff and other blind or visually-impaired individuals. Defendant’s denial of full and equal access to its Mobile App also denies Plaintiff products and services Defendant offers, which in conjunction with its physical locations is a violation of Plaintiff’s rights under the ADA and UCRA.
  • Because Defendant’s website, Dominos.com, is not equally accessible to blind and visually-impaired consumers in violation of the ADA, Plaintiff seeks a permanent injunction to cause a change in Defendant’s corporate policies, practices, and procedures so that Defendant’s website will become and remain accessible to blind and visually-impaired consumers.
  • Defendant’s Mobile App , a separate portal of access to Defendant’s products and services, is also not equally accessible to blind and visually-impaired consumers in violation of the ADA. Plaintiff therefore seeks a permanent injunction to cause a change in Defendant’s corporate policies, practices, and procedures so that Defendant’s Mobile App also becomes and remains accessible to blind and visually-impaired consumers.
  • Lack of Alternative Text (“alt-text” ), or a text equivalent. Alt-text is invisible code embedded beneath a graphical image on a website. Web accessibility requires that alt-text be coded with each picture so that screen-reading software can speak the alt-text where a sighted user sees pictures. Alt-text does not change the visual presentation, but instead a text box shows when the mouse moves over the picture. The lack of alt-text on these graphics prevents screen readers from accurately vocalizing a description of the graphics. As a result, visually-impaired Domino’s customers are unable to determine what is on the website, browse, look for store locations, check out Defendant's programs and specials, or make any purchases (including but not limited to, customizing their own pizza using the “Pizza Builder” feature);
  • 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;
  • Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users; and d. Linked Images Missing Alt-text , which causes problems if an image within a link contains no text and that image does not provide alt-text. A screen reader then has no content to present the user as to the function of the link.

The specific laws that Dominos, LLC allegedly violated include:

  • VIOLATION OF THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 U.S.C. §12181 et seq . [DOMINOS.COM]
  • VIOLATION OF THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 U.S.C. §12181 et seq . [DOMINO’S MOBILE APP]
  • VIOLATION OF THE UNRUH CIVIL RIGHTS ACT, CALIFORNIA CIVIL CODE § 51 et seq. [DOMINOS.COM]
  • VIOLATION OF THE UNRUH CIVIL RIGHTS ACT, CALIFORNIA CIVIL COD E § 51 et seq. [DOMINO’S MOBILE APP]

The plaintiff is seeking the following (Prayer for relief):

  • A Declaratory Judgment that at the commencement of this action Defendant was in violation of the specific requirements of Title III of the ADA 42 U.S.C. § 12181 et seq., and the relevant implementing regulations of the ADA, for Defendant ’s failure to take action that was reasonably calculated to ensure that its websites and mobile applications are fully accessible to, and independently usable by, blind and visually-impaired individuals;
  • A preliminary and permanent injunction enjoining Defendant from violating the ADA, 42 U.S.C. § 12181 et seq ., and/or the UCRA, Civil Code § 51 et seq . with respect to its website Dominos.com;
  • A preliminary and permanent injunction enjoining Defendant from violating the ADA, 42 U.S.C. § 12181 et seq ., and/or the UCRA, Civil Code § 51 et seq . with respect to its Mobile Application;
  • A preliminary and permanent injunction requiring Defendant to take the steps necessary to make Dominos.com readily accessible to and usable by blind and visually-impaired individuals;
  • A preliminary and permanent injunction requiring Defendant to take the steps necessary to make Domino’s Mobile Application readily accessible to and usable by blind and visually-impaired individuals;
  • An award of statutory minimum damages of $4,000 per violation pursuant to § 52(a) of the California Civil Code;
  • For attorneys' fees and expenses pursuant to all applicable laws including, without limitation, pursuant to 42 U.S.C. § 12188(a)(1), and California Civil Code § 52(a);
  • For pre-judgment interest to the extent permitted by law; 9. For costs of suit; and 10. For such other and further relief as this Court deems just and proper.