A visually-impaired individual has taken legal action against a California-based company, accusing it of violating disability rights laws by failing to make its website accessible. Jesus Torres filed the complaint in the Superior Court of California, County of San Francisco, on November 5, 2024, targeting Laughing Monk LLC for alleged non-compliance with the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act.
The plaintiff, Jesus Torres, is legally blind and relies on screen-reading software to access digital content. He claims that Laughing Monk LLC's website is not designed or maintained in a way that allows blind or visually-impaired individuals to use it independently. According to the complaint, Torres encountered numerous barriers while attempting to navigate the website using his screen-reading software. These barriers included unlabeled graphics and buttons, insufficient navigational headings, inaccessible product descriptions and ordering systems, and lack of alternative text for images. As a result, Torres was unable to place an order for products from Laughing Monk LLC's brick-and-mortar location in San Francisco.
Torres argues that these accessibility issues violate both federal and state laws aimed at preventing discrimination against individuals with disabilities. The ADA requires places of public accommodation to offer goods and services on an equal basis to all individuals, including those with disabilities. Similarly, the Unruh Civil Rights Act mandates equal access for people with disabilities to business establishments in California. By maintaining an inaccessible website, Torres alleges that Laughing Monk LLC is engaging in unlawful discrimination.
In his lawsuit, Torres seeks a permanent injunction requiring Laughing Monk LLC to modify its corporate policies and practices so that its website becomes fully accessible to blind and visually-impaired consumers. He also requests statutory damages under the Unruh Civil Rights Act for each violation encountered on the website. Additionally, Torres seeks reasonable attorneys' fees and litigation costs associated with bringing this action.
Represented by attorney Joseph R. Manning Jr., Esq., from Manning Law APC, Jesus Torres aims to hold Laughing Monk LLC accountable for its alleged failure to provide equal access through its digital platform. The case is presided over by judges at the Superior Court of California in San Francisco under Case No.: CGC-24-619568.