Plaintiff
- Name: Angel Rodriguez
- Filing date: July 30, 2020
- State of filing: New York
Defendant
- Name: Wonderful Pistachios & Almonds LLC
- Website: www.getcrackin.com
- Industry: Food Products
- Summary: Wonderful Pistachios & Almonds is the world's largest vertically integrated pistachio and almond grower and processor.
Case Summary
On July 30, 2020, Angel Rodriguez filed a Complaint in New York Federal court against Wonderful Pistachios & Almonds LLC. Plaintiff Angel Rodriguez alleges that www.getcrackin.com is not accessible per the WCAG 2.1 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- The site contained many unlabeled graphics and drop-down menus that do not function. The Add to Cart button is not announced.
- Focus skips around and there are unlabeled elements present throughout.
- Plaintiff was unable to select the pack size as the screen-reader does not recognize the drop-down menu.
- Plaintiff was unable to select quantity as the screen-reader does not recognize the dropdown menu. Any purchase would have to be with the default size and quantity.
- The add to cart button could not be activated at all and Plaintiff could not proceed to checkout.
- Getcrackin.com lacks accessible image maps and accessible drop-down menus
- Getcrackin.com requires the use of a mouse to complete a transaction.
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violation of 42 U.S.C. §§ 12181 et seq. – Title III of the Americans with Disabilities Act
- Violation of New York State Human Rights Law, N.Y. Exec. Law Article 15 (Executive Law § 292 et seq.)
- Violation of New York State Civil Rights Law, NY CLS Civ R, Article 4 (CLS Civ R § 40 et seq.
- Violation of New York City Human Rights Law, N.Y.C. Administrative Code § 8-102, et seq.
- Declaratory Relief
Plaintiff seeks the following relief by way of its Complaint:
- 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., and 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, Birddogs.com, into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that Birddogs.com is readily accessible to and usable by blind individuals
- A declaration that Defendant owns, maintains and/or operates its website, Birddogs.com, in a manner which 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., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York
- An order certifying this case as a class action under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel
- An order directing Defendants to continually update and maintain its website to ensure that it remains fully accessible to and usable by the visually-impaired
- Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff and the proposed class for violations of their civil rights under New York State Human Rights Law and City Law
- Plaintiff’s reasonable attorneys’ fees, expenses, and costs of suit as provided by state and federal law
- For pre- and post-judgment interest to the extent permitted by law; and i) For such other and further relief which this court deems just and proper.