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Accessibility.com, LLC

ROMERO v. FORMAGGIO KITCHEN ON LINE LLC

Filed October 14, 2020

Plaintiff

  • Name: Josue Romero
  • Filing date: October 14, 2020
  • State of filing: New York

Defendant

  • Name: Formaggio Kitchen on Line LLC
  • Website: www.formaggiokitchen.com
  • Industry: Food Products
  • Summary: Formaggio Kitchen on Line sells gourmet cheeses, meats, charcuterie, seafood, pasta, sauces, and other food items for mail order delivery via its website.

Case Summary

On October 14, 2020, Josue Romero filed a Complaint in New York Federal court against Formaggio Kitchen on Line LLC. Plaintiff Josue Romero alleges that www.formaggiokitchen.com is not accessible per the WCAG 2.1 accessibility standard(s).

Case Details

Plaintiff alleges issues in its Complaint including the following:

  • Lack of Alternative Text (“alt-text”), or a text equivalent. 
  • Empty Links That Contain No Text causing the function or purpose of the link to not be presented to the user. 
  • Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users
  • 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. 
  • Site element like images with links are not labeled to integrate with a screen reader. The links associated with the images are labeled as 'alt text' and provide no other description as to what the purpose of the link is.
  • Products have text that describe the item, details of the item and price. The product price is not labeled to integrate with screen reader and therefore, overlooks important information that a customer would require to complete a purchase.
  • Site function like buttons for main content, menu or footer are missing. Every page should include hidden links that by clicking on them, either using the keyboard navigation or a screen reader, the user will 'skip" certain blocks of information to go directly to main landmarks such as main content, menu, or footer.
  • When using a keyboard for navigation, the sub-menus, found in the menu options of the main menu are not properly interpreted by screen readers and are ineffective in either communicating what they contain or provide any information to the user so that they are aware of what is occurring on the website.
  • Site function like sort by filter, is not labeled to integrate with a screen reader. The information is not accessible when using the keyboard for navigation. The user is not able to redefine a product search and loses the ability to get to information that otherwise would be readily available to a visual website user.
  • The telephone numbers provided on the website lacks a full description. It is read as a number; however, it does not specify it is a telephone number, nor does it specify what location the telephone is for due to the locations not made accessible as well, thus barring the user from contacting the company for assistance. 

Plaintiff asserts the following cause(s) of action in its Complaint:

  • VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq.
  • VIOLATIONS OF THE NYSHRL
  • VIOLATIONS OF THE NEW YORK STATE CIVIL RIGHTS LAW
  • VIOLATIONS OF THE NYCHRL
  • 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.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.C. Administrative Code § 8-107, et seq., and the laws of New York
  • 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 his 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 City 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
  • Such other and further relief as this Court deems just and proper

New YorkFood Products