In a significant legal development, a visually-impaired individual has filed a lawsuit against a California-based company for allegedly failing to make its website accessible to blind and visually-impaired users. The complaint was lodged by Jesus Torres on September 26, 2024, in the Superior Court of California, County of San Francisco, against Matreshka LLC.
Jesus Torres, who is legally blind and relies on screen-reading software (SRS) to access digital content, claims that Matreshka LLC's website, elephantsushi.com, does not comply with the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act (UCRA). According to the lawsuit, the website contains numerous accessibility barriers that prevent Torres and other visually-impaired individuals from fully accessing its features. These barriers include unlabeled graphics and buttons without alternative text (Alt-text), insufficient navigational headings, inaccessible slideshows, and an ordering system that cannot be used with SRS. "Plaintiff encountered multiple access barriers which denied Plaintiff full and equal access," states the complaint.
The plaintiff argues that these issues constitute discrimination under both federal and state laws designed to protect individuals with disabilities. Under the ADA, businesses must ensure their websites are accessible to all users as part of their public accommodations. Similarly, the UCRA mandates equal access to services provided by business establishments in California. Torres seeks a permanent injunction requiring Matreshka LLC to modify its corporate policies so that its website becomes accessible to visually-impaired consumers. Additionally, he requests statutory damages of up to $24,999 for each offense and reasonable attorneys' fees.
Representing Jesus Torres is Joseph R. Manning Jr., Esq., from Manning Law APC. The case is presided over by judges at the Superior Court of California in San Francisco under Case No.: CGC-24-618515.