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ROMERO v. TOMALES BAY FOODS, INC.

Filed November 3, 2020

Plaintiff

  • Name: Josue Romero
  • Filing date: November 3, 2020
  • State of filing: New York

Defendant

  • Name: Tomales Bay Foods, Inc
  • Website: www.cowgirlcreamery.com
  • Industry: Food Products
  • Summary: Tomales Bay Foods owns and operates Cowgirl Creamery, making and selling gourmet cheeses at retail and via its website.

Case Summary

On November 3, 2020, Josue Romero filed a Complaint in New York Federal court against Tomales Bay Foods, Inc. Plaintiff Josue Romero alleges that www.cowgirlcreamery.com is not accessible per the WCAG 2.0, 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. 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 cursor moves over the picture. The lack of alt-text on these graphics prevents screen readers from accurately vocalizing a description of the graphics
  • 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
  • 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. A screen reader then has no content to present the user as to the function of the link, including information contained in PDFs.
  • The company logo acts as a link designed to take the user from wherever they may be within the Defendant's website to the homepage of that site. For this website, the link is not properly labeled and where the link ("logo") will operate properly (taking the user back to the home page), the missing label prevents the user (visually impaired) to interpret the logo/link and in the case of using a screen reader, the screen reader
    software cannot properly interpret the logo/link effectively hiding the purpose of that link from the user.
  • The menu button which is to display the submenu options was mislabeled as "button'. The button did not have any other description, therefore, bars the user from knowing what to do with the "button".
  • Links such as account, search and shopping are not labeled properly. The alternate text provides only "link" with no other description. Therefore, bars the user from understanding the information the website is to report back to the user.
  • The products are shipped by week. The shipping information was not properly labeled causing confusion for the user. The "Shipping week" is not labeled therefore, all that the user hears is "week of (date)" (available date for shipping week) and not knowing what "week of (date)" is for.
  • The website contains social media links that the users may use to share the products on their social media pages, however, the links lacks proper description. The screen reader would read "link," with no other description thus barring the user from any understanding as to what to do with the "link".

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