Plaintiff
- Name: Jennifer Carbine
- Filing date: September 30, 2019
- State of filing: California
Defendant
- Name: Churned Creamery International Inc.
- Website: www.churnedcreamery.com
- Industry: Food Products
- Summary: Churned Creamery International Inc. is an specialty restaurant focused on small-batch ice cream.
Case Summary
On September 30, 2019, Jennifer Carbine filed a Complaint in California State court against Churned Creamery International Inc. . Plaintiff Jennifer Carbine alleges that www.churnedcreamery.com is not accessible per the WCAG 2.0, Section 508 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- The home page has graphics, links, and buttons that are not labeled or are incorrectly labeled. or lack alternative text ("Alt-text")
- multiple unlabeled or mislabeled buttons and links.
- multiple pages containing insufficient navigational headings r
- Plaintiff was unable to browse the menu because menu links and descriptions were inaccessible to screen reading technology
- Plaintiff was unable to make a purchase because of an inaccessible checkout system
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violation of Unruh Civil Rights Act (California Civil Code §§ 51, et seq.)
Plaintiff seeks the following relief by way of its Complaint:
- A Declaratory Judgment that at the commencement of this action Defendant owns, maintains, and/or operates its website in a manner which discriminates against the blind, fails to provide access to blind or visuallv-impaired individuals, and that Defendant took no action that was reasonably calculated to ensure that its Website is fully accessible to, and independently usable by blind and visually-impaired individuals in violation of California's Unruh Act, California Civil Code 51, et seq
- A preliminary and permanent injunction enjoining Defendant from further violations ofthe UCRA, Civil Code ) 51 et seq. with respect to "www.churnedcreamery.com."
- A preliminary and permanent injunction requiring Defendant to take the steps necessary to make www.churnedcreamery.com readily accessible to and usable by blind and visually-impaired individuals but Plaintiff hereby expressly limits the injunctive reliefto require that Defendant expend no more than $50,000 thereon
- An award of statutory minimum statutory damages of not less than $4,000 per violation pursuant to 52(a) ofthe California Civil Code
- An additional award of $4,000.00 as deterrence damages for each violation pursuant to Johnson v. Guedoir, 218 F. Supp. 3d 1096; 2016 U.S. Dist.LEXIS 150740 (USDC Cal, E.D. 2016)
- For attorneys fees and expenses pursuant to all applicable laws including, without limitation, Civil Code 52(a)
- For pre-judgment interest to the extent permitted by law
- For costs of suit
- For such other and further relief as this Court deems just and proper