A visually-impaired individual has filed a lawsuit against a California-based company, alleging that its website is inaccessible to blind and visually-impaired users. Jesus Torres lodged the complaint on December 9, 2024, in the Superior Court of California for the County of San Francisco against Shibumi LLC.
The lawsuit, brought forth by plaintiff Jesus Torres, centers around allegations that Shibumi LLC's website, www.joyridepizza.com, is not designed or maintained to be accessible to individuals who are blind or visually impaired. According to the complaint, Torres relies on screen-reading software (SRS) to access digital content but encountered multiple barriers while trying to navigate the defendant's website. These barriers included unlabeled graphics and buttons, insufficient navigational headings, and an inaccessible order system that prevented him from placing an order for pick-up at one of Shibumi's brick-and-mortar locations in San Francisco.
Torres argues that these accessibility issues violate both the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act (UCRA). The ADA mandates that places of public accommodation must offer goods and services on a full and equal basis to individuals with disabilities. Similarly, the UCRA guarantees equal access for people with disabilities to all business establishments' accommodations and services. By failing to provide an accessible website, Torres claims that Shibumi LLC is engaging in unlawful discrimination against persons with disabilities.
In his complaint, Torres highlights that there are well-established guidelines for making websites accessible to visually-impaired users through SRS. He notes that many large businesses have successfully implemented these guidelines to ensure their websites are inclusive. Despite this knowledge being readily available, Torres alleges that Shibumi LLC has failed to take necessary actions to make its website accessible.
The plaintiff seeks several forms of relief from the court. He requests a declaratory judgment stating that Shibumi LLC operates its website in a discriminatory manner against blind individuals. Additionally, he seeks preliminary and permanent injunctive relief requiring modifications to the company's policies and procedures related to its website's accessibility—capped at $50,000 in expenses for such modifications. Furthermore, Torres demands statutory damages under California law for each violation encountered on the website.
Representing Jesus Torres is attorney Joseph R. Manning Jr., Esq., from Manning Law APC. The case is filed under Case No.: CGC-24-620478 in front of the Superior Court of California for San Francisco County.