- Name: Anita Ogletree
- Filing date: January 20, 2021
- State of filing: California
- Name: Simon Property Group, L.P.
- Website: www.premiumoutlets.com
- Industry: Real Estate
- Summary: Simon is a commercial real estate development company that owns and manages factory outlets, strip malls, shopping malls, and related commercial property developments.
On January 20, 2021, Anita Ogletree filed a Complaint in California State court against Simon Property Group, L.P.. Plaintiff Anita Ogletree alleges that www.premiumoutlets.com is not accessible per the WCAG 2.0 accessibility standard(s).
Plaintiff alleges issues in its Complaint including the following:
- Missing alternative text which presents a problem because an image without alternative text results in an empty link. Alternative Text is invisible code embedded beneath a graphical image on a website. Web accessibility requires that Alternative Text be coded with each picture so that a screen reader can speak the Alternative Text where a sighted user sees pictures. Alternative Text does not change the visual presentation, but instead generates a text box that will pop-up when the mouse moves over the picture. The lack of Alternative Text on these graphics prevents screen readers from accurately vocalizing a description of the graphics;
- Empty buttons, which present a problem because a button is empty or has no value text.
- Empty links which present a problem because a link contains no text;
- Redundant links where adjacent links to to the same URL address which results in additional navigation and repetition for keyboard and screen users.
Plaintiff asserts the following cause(s) of action in its Complaint:
Unruh Civil Rights Act, California Civil Code § 51 et seq.
Plaintiff seeks the following relief by way of its Complaint:
- For a judgment that Defendant violated Plaintiff’s rights under the Unruh Civil Rights Act, California Civil Code § 51 et seq.;
- For a preliminary and permanent injunction requiring Defendant to take the steps necessary to make the Website readily accessible to and usable by visually impaired individuals; but Plaintiff hereby expressly limits the injunctive relief to require that Defendant expend no more $20,000 as the cost of injunctive relief;
- An award of statutory minimum damages of $4,000 per violation pursuant to section 52(a) of the California Civil Code; however, Plaintiff expressly limits the total amount of recovery, including statutory damages, attorneys’ fees and costs, and cost of injunctive relief not to exceed
- For attorneys’ fees and expenses pursuant to all applicable laws including, without limitation, California Civil Code § 52(a); however, Plaintiff expressly limits the total amount of recovery, including statutory damages, attorneys’ fees and costs, and cost of injunctive relief not to exceed $74,999;
- For pre-judgment interest to the extent permitted by law;
- For costs of suit; and
- For such other and further relief as the Court deems just and proper.