In a landmark legal filing, a visually impaired individual has taken a stand against a prominent California wine company for allegedly failing to make its website accessible to all users. Camille Winfield-Newton filed the complaint on February 1, 2025, in the Superior Court of California for the County of San Francisco against Gemini Wine & Spirits, Inc., which operates as Subject to Change Wine Co.
The lawsuit claims that Gemini Wine & Spirits has violated several laws designed to protect individuals with disabilities, including the Americans with Disabilities Act (ADA), the Unruh Civil Rights Act, and the California Disabled Persons Act. Winfield-Newton, who is legally blind and relies on screen-reading software to navigate online content, alleges that she was unable to access the company's website due to numerous accessibility barriers. "Being unable to access websites puts individuals at a great disadvantage in today’s society," states the complaint, emphasizing the critical nature of digital accessibility in an increasingly online world.
Winfield-Newton attempted to purchase wine from Gemini's website on January 17, 2025, but encountered multiple obstacles that prevented her from completing her transaction. The complaint details specific issues such as non-descriptive interactive elements and status messages not being announced by assistive technology. These barriers allegedly prevented her from accessing product information and making purchases like sighted customers could.
The plaintiff argues that these failures constitute intentional discrimination under both state and federal law. She asserts that Gemini Wine & Spirits has neglected its duty to provide equal access to its services for visually impaired consumers by not implementing necessary web accessibility standards such as those outlined by the World Wide Web Consortium's Web Content Accessibility Guidelines (WCAG).
In seeking redress from the court, Winfield-Newton requests a permanent injunction requiring Gemini Wine & Spirits to overhaul its website with input from an agreed-upon consultant specializing in web accessibility. This includes conducting regular audits and training employees involved in web development. Additionally, she seeks statutory damages of $4,000 per offense under California law and coverage of legal fees.
Representing Winfield-Newton is attorney Andrew J. Gramajo of AJG Law Group PC. The case is filed under Case No.: CGC-25-622014 in front of judges yet unnamed.