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Accessibility.com, LLC

ROMERO v. STERZING FOOD COMPANY

Filed October 13, 2020

Plaintiff

  • Name: Josue Romero
  • Filing date: October 13, 2020
  • State of filing: New York

Defendant

  • Name: Sterzing Food Company
  • Website: www.sterzingchips.com
  • Industry: Food Products
  • Summary: Sterzing manufactures and sells potato chips and other snack foods.

Case Summary

On October 13, 2020, Josue Romero filed a Complaint in New York Federal court against Sterzing Food Company. Plaintiff Josue Romero alleges that www.sterzingchips.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. 
  • The telephone number provided on the website lacks a full description. It is read as a number; however, it does not specify it is a telephone number, thus, barring the user from any understanding as to what to the number is for.
  • The address located at the header of the website and the contact us page is not labeled to integrate with the screen reader. This barrier prevents the user from accessing the address.
  • Link like shopping cart is not labeled properly. The alternate text lacks description and only have a number. This flaw creates issues for the user, barring them from knowing what the number is for and, therefore, have no way to access the shopping cart. 
  • When using the keyboard for navigation, the website loses its functionality for drop-down menus and the related options. This loss of functionality creates issues with the screen reader and as such causes the user to lose any ability to work with or review the site.
    Product images have text that describe the item's original price. The pricing is not labeled to integrate with screen reader, therefore, bars the user from knowing the cost of the product.
  • Site element such as product descriptions are labeled to integrate with the screen reader. The information is not accessible when using the keyboard for navigation. Without providing proper information, it would create a barrier for a visually impaired user. 

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