In a compelling legal battle that highlights the ongoing struggle for digital accessibility, a visually-impaired individual has filed a lawsuit against a California corporation, alleging discrimination due to website inaccessibility. Jesus Torres, represented by Manning Law, APC, lodged the complaint on February 10, 2025, in the Superior Court of California, County of San Francisco, against Kangnam1957, Inc. The case underscores significant issues regarding equal access to online services for individuals with disabilities.
The plaintiff, Jesus Torres, is legally blind and relies on screen-reading software (SRS) to navigate websites. He claims that Kangnam1957's website is not accessible to him or other visually-impaired users. This alleged inaccessibility violates both the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act (UCRA). According to the complaint, Torres encountered multiple barriers on the defendant's website which prevented him from accessing services equivalent to those available to sighted users. These barriers included unlabeled graphics and buttons lacking alternative text ("Alt-text"), inaccessible navigation headings, and an order system that could not be used with SRS.
Torres asserts that these obstacles deny him full and equal access to Kangnam1957's products and services offered through their website and physical locations. "Due to Defendant's failure and refusal to remove access barriers," Torres states he has been deterred from utilizing the company's offerings both online and at their brick-and-mortar establishments. The lawsuit seeks a permanent injunction requiring Kangnam1957 to modify its corporate policies so that its website becomes accessible to blind and visually-impaired consumers.
In his complaint, Torres requests declaratory judgment recognizing the discriminatory nature of Kangnam1957's current website operations under ADA guidelines. Additionally, he seeks preliminary and permanent injunctive relief limited to $50,000 for necessary modifications ensuring compliance with accessibility standards. Furthermore, Torres demands statutory damages not exceeding $24,999 per offense under California Civil Code § 52(a), along with reasonable attorneys' fees and litigation costs.
This case brings attention to the broader issue of digital accessibility as essential for independent living among individuals with disabilities. It reflects ongoing legal interpretations regarding whether websites should be considered places of public accommodation under ADA provisions. Previous court rulings have supported such interpretations by affirming businesses' accountability for third-party content integrated into their websites if it affects accessibility.
Representing Jesus Torres is Joseph R. Manning Jr., Esq., from Manning Law APC based in Foothill Ranch; while details about Kangnam1957’s legal representation remain undisclosed at this time. The case has been assigned Case No.: CGC-25-622260 within San Francisco County’s jurisdictional purview.