In a legal battle that highlights the ongoing struggle for digital accessibility, a visually-impaired individual has taken legal action against a Delaware corporation, alleging that its website is not accessible to blind and visually-impaired users. Jesus Torres filed the complaint in the Superior Court of California, County of San Francisco, on February 10, 2025, targeting Smitten Ventures, Inc. The lawsuit claims that the company's website violates both the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act by failing to provide equal access to its online services.
The plaintiff, Jesus Torres, is legally blind and relies on screen-reading software (SRS) to navigate websites. He accuses Smitten Ventures of neglecting to design and maintain its website in a manner that allows full accessibility for visually-impaired individuals. According to the complaint, Torres encountered numerous barriers while attempting to use the website www.smittenicecream.com. These barriers included unlabeled graphics and buttons, insufficient navigational headings, and an inaccessible order system—all of which hindered his ability to place an order for pick-up at one of Smitten's brick-and-mortar locations.
Torres asserts that these obstacles constitute discrimination under the ADA and UCRA. He argues that businesses are required by law to ensure their websites are fully accessible as they are considered extensions of physical public accommodations. "A failure to make reasonable modifications in policies, practices, or procedures...unless such modifications would fundamentally alter those services," reads part of the ADA stipulation cited in the complaint.
The lawsuit seeks various forms of relief from the court. Torres requests a permanent injunction mandating changes in Smitten Ventures' corporate policies so that its website becomes accessible to all users requiring screen-reading software. Additionally, he seeks statutory damages for each offense under California Civil Code § 52(a), capped at $24,999 per offense as stated in his claim. Furthermore, Torres demands reasonable attorneys' fees and litigation costs associated with bringing this case forward.
Representing Jesus Torres is Joseph R. Manning Jr., Esq., from Manning Law APC based in Foothill Ranch, California. The case has been assigned Case No.: CGC-25-622261 in front of an unspecified judge at this time.