Gutierrez

FACTS AND PROCEDURAL HISTORY

Pleadings and Motions

Gutierrez filed the complaint against Chopard on February 28, 2019, alleging that Chopard unreasonably denied her, and similarly visually-impaired individuals, equal access to its online goods and services in violation of the Unruh Civil Rights Act

1 Allfurther statutory references are to the Civil Code unless otherwise indicated.

2 (§ 51, et seq.) (Unruh Act) and Title III of the ADA (42 U.S.C. 12101, et seq.). Gutierrez is visually impaired and legally blind (terms that are used interchangeably in the complaint). She utilizes screen-reading software to access and read website content on her computer. Screen-reading software is the only available mechanism that enables her and others who do not have sufficient residual eyesight to access websites such as Chopard’s. Although numerous other businesses operate websites and mobile applications that permit her to access goods and services with the same convenience afforded to those who are not visually impaired, Chopard’s website is not fully accessible to the screen-reading technology that Gutierrez and other visually- impaired persons use. There are well established industry…