Plaintiff
- Name: Leshawn Dawson
- Filing date: August 6, 2020
- State of filing: New York
Defendant
- Name: Simple Mills, Inc.
- Website: www.simplemills.com
- Industry: Food Products
- Summary: Simple Mills is a brand of organic, vegetable-based snack crackers, nut flours, frostings, granola bars, baking mixes, and other related food items available for sale at retail grocery stores and via its website.
Case Summary
On August 6, 2020, Leshawn Dawson filed a Complaint in New York Federal court against Simple Mills, Inc.. Plaintiff Leshawn Dawson alleges that www.simplemills.com is not accessible per the WCAG 2.0 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. Alttext 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. As a result, visually-impaired prospective customers are unable to determine what is on the website, the ability to browse the products, find information on promotions, and related goods and services available both in Website and online.
- 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 screenreader 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.
- When using a keyboard for navigation, the search button is not accessible. It does not allow you to type information into the search bar to locate a particular item. This barrier does not communicate any information to the user so that they are aware of what is occurring on the website. The search link is accessible with a mouse but not with a keyboard.
- A variety of products are offered in the “Select a Product Category”, however, products cannot be selected by use of the keyboard, only with the use of the mouse can a product be chosen, and then the rest of the items in the group are shown and interpreted for the screen reader. Due to the barrier created the user is not aware of items in each group due to inaccessibility. Without the keyboard a visually impaired person could not purchase or browse on the website.
Plaintiff asserts the following cause(s) of action in its Complaint:
- Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
- New York State Human Rights Law
- New York City Human Rights Law
- New York State Civil Rights Law
- 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., 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. Exec. Law § 296, 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 State 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.