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Accessibility.com, LLC

UNITED AFRICAN-ASIAN ABILITIES CLUB V. LI

Filed February 28, 2019

Plaintiff

  • Name: United African-Asian Abilities Club; Anna Marie Wiggins
  • Filing date: February 28, 2019
  • State of filing: California

Defendant

Case Summary

On February 28, 2019, United African-Asian Abilities Club; Anna Marie Wiggins filed a Complaint in California Federal court against Alan Li. Plaintiff United African-Asian Abilities Club; Anna Marie Wiggins alleges that No specific website operated by the defendant is mentioned. Rather, the defendant advertised aprtment rentals on larger websites including apartments.com, yelp.com, zumper.com, zumper.com, westsiderentals.com, apartmenthomeliving.com, apartmentfinder.com, and mapquest.com. is not accessible.

Case Details

Plaintiff alleges issues in its Complaint including the following:

  • When attempting to access the website pages where the defendant advertised residential apartment rentals, the plaintiff could not determine if the common areas of the property were physically accessible to a person using a wheelchair for mobility. 
  • When attempting to contact the defendant via the information on the website pages, the plaintiff found no video texting, TTY, California Relay System, or other means of text communication. 
  • Lack of large print on website pages.
  • Websites were not modified to eliminate non-readable text to allow the blind and people with low vision to use the screen reader software to access the information on their website. 

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

  • Discriminatory Practices in Housing Accommodations - Fair Housing Act, Sections § 3604(f)(1- 3) and 42 § 3604(c)
  • California Fair Housing Act
  • Americans with Disabilities Act of 1990
  • California Accessibility Laws, including the Unruh Civil Rights Act CA Civil Code, Section 51

Plaintiff seeks the following relief by way of its Complaint:

  • Injunctive relief pursuant to 42 U.S.C. 3613(c) and 42 U.S.C. § 12188(a). Only the named Individual Plaintiff seeks injunctive relief pursuant to CA Civil Code §52. Pursuant to 42 U.S.C. 3613(c), all Plaintiffs request this court to enjoin Defendants to cease their discriminatory practices in housing rental services, rental housing management services, and for Defendants to implement written policies and methods to respond to reasonable accommodation and reasonable modification requests. Pursuant to 42 U.S.C. § 12188(a), Plaintiffs request this Court enjoin Defendants to remove all barriers to equal access to the disabled Plaintiffs in, at, or on their facilities, including but not limited to architectural and communicative barriers in the provision of Defendants’ rental services. Plaintiffs do not seek injunctive relief pursuant to Cal. Civil Code §55 and Plaintiffs do not seek attorneys’ fees pursuant to Cal. Civil Code §55. Plaintiffs do not seek any relief at all pursuant to Cal. Civil Code §55.
  • Actual damages pursuant to 42 U.S.C. 3613(c). However, Plaintiff Club only seeks damages for itself. Plaintiff Club does not seek damages on behalf of its members;
  • Only the named Individual Plaintiff seeks recovery of actual damages pursuant to Cal. Civil Code §§ 52 or 54.3;
  • Only the named Individual Plaintiff seeks $4,000 in minimum statutory damages pursuant to Cal. Civil Code § 52 for each and every offense of Civil Code § 51, pursuant to Munson v. Del Taco, (June 2009) 46 Cal. 4th 661;
  • In the alternative to the damages pursuant to Cal. Civil Code § 52 in Paragraph C above, only the named individual Plaintiff seeks $1,000 in minimum statutory damages pursuant to Cal. Civil Code § 54.3 for each and every offense of Civil Code § 54.1;
  • All named Plaintiffs seek attorneys' fees pursuant to 42 U.S.C. 3613(c)(2), 42 U.S.C. § 12205, and Cal. Civil Code §§ 52, 54.3;
  • Only the named individual Plaintiff seeks treble damages pursuant to Cal. Civil Code §§ 52(a) or 54.3(a);
  • The named Plaintiffs are seeking prospective injunctive relief to require the Defendants to provide obvious reasonable accommodations, to provide the required auxiliary aids and to modify Defendants’ procedures, practices, and policies of the Defendants in the provision of Defendants’ rental services. Without perspective relief the Plaintiffs will suffer future harm.
  • All named Plaintiffs seek a Jury Trial and;
  • For such other further relief as the court deems proper.

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