Plaintiff Jennifer Carbine, a visually-impaired individual, has filed a lawsuit against Karpaty & Gemignani, LLC in the Superior Court of California for the County of Ventura on October 7, 2024. The complaint alleges that the defendant's website is not accessible to blind and visually-impaired individuals, violating both the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act (UCRA).
Carbine's legal action stems from her personal experiences as a legally blind person who relies on screen-reading software to access digital content. According to the complaint, she encountered numerous barriers while attempting to navigate Karpaty & Gemignani's website, which prevented her from accessing services equivalent to those available to sighted users. These barriers included unlabeled graphics and buttons, insufficient navigational headings, and an inaccessible order system. As a result, Carbine was unable to place an order for pick-up at one of the defendant’s brick-and-mortar locations.
The plaintiff argues that these accessibility issues constitute discrimination under both federal and state laws. The ADA mandates that places of public accommodation must provide equal access to all individuals, including those with disabilities. Similarly, the UCRA guarantees equal access for people with disabilities to all business establishments in California. Carbine asserts that by failing to make its website accessible, Karpaty & Gemignani has denied her and other visually-impaired individuals full and equal access to its goods and services.
In seeking redress from the court, Carbine requests a declaratory judgment stating that Karpaty & Gemignani's website discriminates against blind individuals by not being fully accessible. She also seeks preliminary and permanent injunctive relief requiring modifications to the defendant’s website policies and procedures so that it becomes accessible within a budget of $50,000 or less. Additionally, Carbine demands statutory damages of no less than $4,000 per violation under California Civil Code § 52(a), along with reasonable attorneys' fees and litigation costs.
The case highlights ongoing challenges faced by visually-impaired individuals in accessing digital content and services offered by businesses online. With this lawsuit, Carbine aims not only for personal redress but also advocates for broader compliance with accessibility standards across commercial websites.
Representing Jennifer Carbine is attorney Joseph R. Manning Jr., Esq., from Manning Law APC. The case is presided over by judges at the Superior Court of California in Ventura County under Case No.: 2024CUCRO3 1622.