Gomez

BACKGROUND

19 Gomez is “legally blind” and uses screen-reader software (“SRS”) to navigate websites. 20 Complaint (“Compl.”) [Dkt. No. 1] ¶ 1. Ackerman owned and operated a winery in Napa, 21 California, during the events in question. Id. ¶ 2. 22 Gomez alleges that, in March and August 2021, he visited Ackerman’s website as a 23 “prospective customer who wished to access [its] goods and services.” Id. ¶ 16. He wanted to 24 “get information about wines sold at the vineyard” and about wine tasting tours. Id. ¶ 17. He 25 alleges that he encountered “accessibility design faults” that prevented him from using an SRS 26 successfully: (1) the images lacked a “text equivalent readable by SRS,” (2) the website contained 27 “script elements” not readable by SRS, and (3) the contrast between background and foreground elements was too low. Id. ¶ 18. He states that, as a result, he was denied full and equal access to Ackerman and is deterred from visiting the website again. Id. ¶¶ 23–24. Gomez filed suit in November 2021 under the ADA and Unruh Act. See generally id. Ackerman moves to dismiss. In response, Gomez filed a notice of intent to file an amended 6…