The Basketry v. Superior Court CA1/1

BACKGROUND

Ogletree filed an unverified complaint against The Basketry in November 2019, alleging its interactive Web site was not fully accessible to the visually impaired in violation of the ADA and, derivatively, the Unruh Act. She alleges that she “is permanently blind and uses screen readers in order to access the internet and read website content.” She maintains she “genuinely wants to avail herself of [The Basketry’s] goods and services as offered on [the company’s] Website,” but makes no claim she attempted, but was unable, to make any purchase on the site. Rather, she alleges she has been unable to “independently and privately investigate [The Basketry’s] products, services, privileges, advantages, accommodations, and amenities, as sighted individuals can and do.” She alleges she has “attempted[ed] to utilize the Website and plans to continue to attempt to utilize such Website in the near future.” Ogletree acknowledges she “has a dual motivation” in filing suit. She is also a “ ‘tester,’ ” which one federal court has defined as an individual with a disability who visits “places of public accommodation to determine their compliance with Title III [of the ADA].’ ”2…