Plaintiff
- Name: Shael Cruz
- Filing date: November 17, 2020
- State of filing: New York
Defendant
- Name: Nutiva
- Website: www.nutiva.com
- Industry: Food Products
- Summary: Nutiva Inc is an organic foods manufacturer. The Company produces cooking oil, butter and plant-protein based products.
Case Summary
On November 17, 2020, Shael Cruz filed a Complaint in New York Federal court against Nutiva. Plaintiff Shael Cruz alleges that www.nutiva.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
- Redundant Links where adjacent links go to the same URL address
- Linked Images Missing Alt-text
- 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. - Icon like search button is not labeled properly. The description given for the button is "link". This flaw bars the user from searching for a specific item.
- A pop-up has been identified where the main screen becomes "grayed- out." This allows the pop-up to become more prevalent and presents itself center- stage for the website. The flaw encountered was that once center-stage, the pop- up's could not be closed by navigating with a keyboard. The "X" in the upper right-hand corner was not labeled to integrate with a screen reader barring the 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
- VIOLATION 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
- Such other and further relief as this Court deems just and proper.