Thurston v. Midvale Corp.Annotate this Case
Plaintiff, who is blind and uses a screen reader, filed suit alleging that defendant violated the Unruh Civil Rights Act by violating the federal American with Disabilities Act of 1990 (ADA). Plaintiff's claims stemmed from her being unable to access defendant's restaurant website with her screen reader.
The Court of Appeal held that Title III of the ADA applies to defendant's website; at a minimum, Title III covers a website with a nexus to a physical place of public accommodation; and the undisputed facts show a sufficient nexus between defendant's website and its restaurant. The court also held that plaintiff's and the trial court's references to nongovernmental guidelines did not violate defendant's due process rights; the trial court could and did disregard surplus comments plaintiff made about the Web Content Accessibility Guidelines 2.0; and the specification of WCAG 2.0 guidelines in the injunction did not support or show a due process violation. Finally, the court held that whether defendant's alternative means of communication would be effective was not a triable issue of fact; plaintiff had standing to obtain an injunction; and the injunction mandating compliance with WCAG 2.0 was not overbroad or uncertain.