A visually-impaired individual has filed a lawsuit against a California corporation, alleging violations of accessibility laws due to an inaccessible website. Jesus Torres, the plaintiff, filed the complaint in the Superior Court of California for the County of San Francisco on November 12, 2024, against Farmay, Incorporated.
The lawsuit claims that Farmay's website is not accessible to blind and visually-impaired individuals who rely on screen-reading software (SRS) to navigate online content. Torres alleges that this inaccessibility violates both the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act (UCRA). The plaintiff argues that Farmay failed to design and maintain its website in a manner that allows equal access to all users, including those with visual impairments. This failure allegedly denies blind individuals full and equal access to Farmay's products and services offered through its website and physical locations.
Torres is seeking a permanent injunction requiring Farmay to modify its corporate policies to ensure its website becomes accessible. The plaintiff emphasizes that there are well-established guidelines for making websites accessible, which many large businesses already follow. These include adding invisible Alt-text to graphics and ensuring all functions can be performed using a keyboard rather than just a mouse. Despite these available solutions, Torres claims that Farmay has not taken necessary actions to make its website accessible.
The lawsuit highlights several specific barriers encountered by Torres while attempting to use Farmay's website. These include unlabeled or mislabeled buttons and links, insufficient navigational headings, inaccessible slideshows, and an ineffective accessibility widget. As a result of these barriers, Torres was unable to browse the menu or place an order for pickup from one of Farmay's brick-and-mortar locations.
In addition to injunctive relief requiring changes to the website, Torres seeks statutory damages under the UCRA for each violation encountered. The complaint limits monetary relief sought for each offense but requests reasonable attorneys' fees and litigation costs.
The case is being handled by Joseph R. Manning Jr., Esq., from Manning Law APC. The presiding judge in this matter is yet unnamed under Case No.: CGC-24-619710.