Jesus Torres, a visually-impaired individual, has filed a lawsuit against Tostadas Inc., a California corporation, alleging violations of the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act. The complaint was filed on October 28, 2024, in the Superior Court of California for the County of Santa Clara.
The lawsuit centers around Tostadas Inc.'s failure to make its website accessible to individuals who are blind or visually impaired. Jesus Torres claims that the company's website is not designed or maintained in a way that allows it to be fully accessible and independently usable by people who rely on screen-reading software (SRS). According to Torres, this lack of accessibility denies him and others full and equal access to the goods and services offered by Tostadas Inc., both online and at their physical locations.
Torres asserts that he encountered multiple barriers when attempting to navigate Tostadas Inc.'s website using SRS. These barriers included unlabeled graphics, links, and buttons without alternative text, insufficient navigational headings, inaccessible slideshows and videos, and menu descriptions that were not compatible with screen-reading technology. As a result of these issues, Torres argues that he was unable to fully access the website's content or browse the menu before visiting one of Tostadas Inc.'s brick-and-mortar locations.
The plaintiff contends that these accessibility barriers constitute discrimination under both federal and state law. The ADA mandates that places of public accommodation must offer goods and services on an equal basis to individuals with disabilities. Similarly, the Unruh Civil Rights Act prohibits discrimination based on disability in business establishments throughout California. By failing to provide an accessible website, Torres alleges that Tostadas Inc. is violating these laws.
In his complaint, Torres seeks several forms of relief from the court. He requests a declaratory judgment stating that Tostadas Inc.'s website discriminates against visually-impaired individuals in violation of the ADA and UCRA. Additionally, he seeks preliminary and permanent injunctive relief requiring Tostadas Inc. to modify its policies and procedures related to its website's accessibility within a budget not exceeding $50,000. Furthermore, Torres demands statutory damages for each offense as well as reasonable attorneys' fees and litigation costs.
Representing Jesus Torres is attorney Joseph Manning Jr., Esq., from Manning Law APC. The case has been assigned Case No.: 24CV450439 in the Superior Court of California for Santa Clara County.