HIMELDA MENDEZ, represented by Joseph H. Mizrahi, Esq. Joseph@cml.legal 300 Cadman Plaza West, 12 Fl. Brooklyn, N.Y. 11201 Telephone: (929) 575-4175 Facsimile: (929) 575-4195 GOTTLIEB & ASSOCIATES Jeffrey M. Gottlieb (JG7905) email@example.com Dana L. Gottlieb (DG6151) firstname.lastname@example.org 150 East 18th Street, Suite PHR New York, N.Y. 10003-2461 Telephone: (212) 228-9795, filed suit in Federal of New York on 2018-08-19 alleging that APPLE INC. website www.apple.com is not accessible using the following testing standard(s): WCAG 2.0.
The plaintiff's issues with the site mentioned in the suit include:
- While attempting to navigate the Website, Plaintiff encountered multiple accessibility barriers for blind or visually-impaired people that include, but are not limited to, the following:
- Lack of Alternative Text (“alt-text”), or a text equivalent. Alt-text is an 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, which includes captcha prompts. 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 APPLE customers are unable to determine what is on the website, browse, look for store locations and hours, the ability to browse and purchase electronics, such as the iPhone, iPad and Macbook Pro laptop, the ability to make service appointments online, and related goods and services.
- 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 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, including information contained in PDFs.
The plaintiff is seeking the following (Prayer for relief):
- 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., 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 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., and the laws of New York d. 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 subclasses for violations of their civil rights under New York State Human Rights Law and City Law;
- Pre- and post-judgment interest;
- An award of costs and expenses of this action together with reasonable attorneys’ and expert fees; and h. Such other and further relief as this Court deems just and proper.
The specific laws that APPLE INC. allegedly violated include:
VIOLATIONS OF THE ADA, 42 U.S.C. § 1281 et seq.
VIOLATIONS OF THE NYSHRL
VIOLATION OF THE NEW YORK STATE CIVIL RIGHTS LAW
VIOLATIONS OF THE NYCHRL