YOUNG v. SHOE PALACE CORPRATION

/ Apparel / By

Plaintiff

  • Name: Sarah Young
  • Filing date: March 31, 2021
  • State of filing: California

Defendant

  • Name: Shoe Palace Corporation
  • Website: www.shoepalace.com
  • Industry: Apparel
  • Summary: Shoe Palace sells shoes and accessories for men, women, and children at retail and via its website.

Case Summary

On March 31, 2021, Sarah Young filed a Complaint in California Federal court against Shoe Palace Corporation. Plaintiff Sarah Young alleges that www.shoepalace.com is not accessible per the WCAG 2.1 accessibility standard(s).

Case Details

Plaintiff alleges issues in its Complaint including the following:

  • Lack of Alternative Text (“alt-text”), or a text equivalent. Alt-text is invisible code embedded beneath a graphic or image on a website that is read to a user by a screen-reader. For graphics or images to be fully accessible for screen-reader users, it requires that alt-text be coded with each graphic or image so that screen reading software can speak the alt-text to describe the graphic or image where a
    sighted user would just see the graphic or image. Alt-text does not
    change the visual presentation, but instead a text box shows when
    the cursor hovers over the graphic or image. The lack of alt-text on
    graphics and images prevents screen-readers from accurately
    vocalizing a description of the image or graphic. As a result,
    Plaintiff and Class Members, who are blind and visually impaired
    customers, are unable to shop and access the ultimate experience
    when it comes to shoe and apparel shopping. Consumers are also
    unable to access information about new arrivals; footwear for men,
    women, and children; apparel for men, women, and children;
    accessories for men, women, and children; reputable brands for
    sale; exclusive collections; sale items; store locations; and
    personalized accounts. Further, Consumers cannot access
    information regarding career opportunities, shipping, returns,
    exchanges, Defendant’s story, social media webpages, contact
    information, newsletter, or complete any purchases;
  • Empty Links that contain No Text causing the function or purpose
    of the link to not be presented to the user. This can introduce
    confusion for keyboard and screen-reader users;
  • Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard
    and screen-reader users; and
  • Linked Images missing alt-text, which causes problems if an image within a link does not contain any descriptive text and that image
    does not have alt-text. A screen reader then has no content to present the user as to the function of the link, including information or links for and contained in PDFs.

Plaintiff asserts the following cause(s) of action in its Complaint:

  • VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq.
  • VIOLATIONS OF THE NYSHRL
  • VIOLATIONS OF THE REHABILITATION ACT of 1973, §504
  • VIOLATIONS OF THE NYCHRL
  • DECLARATORY RELIEF

Plaintiff seeks the following relief by way of its Complaint:

  • A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., The Rehabilitation Act of 1973, § 504 et seq., and the laws of New York
  • A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with the requirements set forth in the ADA and the RA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals
  • A declaration that Defendant owns, maintains and/or operates its Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., The Rehabilitation Act of 1973, § 504 et seq., and the laws of New York
  • An order certifying the Class and Sub-Classes under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and her attorneys as Class Counsel
  • Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and Sub-Classes for violations of their civil rights under New York State Human Rights Law and City Law
  • Pre- and post-judgment interest; g. An award of costs and expenses of the action together with reasonable attorneys’ and expert fees; and h. Such other and further relief as this Court deems just and proper.