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Chiappetta v. New York State Division of Homeland Security and Emergency Services

Filed

Case details

Summary

On October 14, 2020, Ann Chiappetta filed a Complaint in New York Federal court against American Council of the Blind of New York, Inc. New York State Division of Homeland Security and Emergency Services Commissioner Patrick A. Murphy Governor Andrew M. Cuomo. Plaintiff Ann Chiappetta alleges that www.alert.ny.gov is not accessible per the WCAG 2.0, WCAG 2.1 accessibility standard(s).

About the defendant

New York State Division of Homeland Security and Emergency Services is a division of the New York state government that, in addition to other duties, operates the state's emergency alert system and the related registration website.

What the complaint says

The problems the plaintiff describes with the website.

  • lack of keyboard focus indicator;
  • inaccessible toggle buttons and check boxes;
  • inconsistent heading structure, unclear heading titles, and meaningless link names;
  • lack of audio feedback; and
  • errors in webpage focus order

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

  • Disability-Based Discrimination In Violation of Title II of the Americans with Disabilities Act 42 U.S.C. § 12131 et seq.
  • Disability-Based Discrimination In Violation of Section 504 of the Rehabilitation Act 29 U.S.C. § 794 et seq.
  • Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Issue an injunction requiring Defendants to make the website for NY-Alert, New York State’s Mass Notification System, accessible to the individual Plaintiff, to constituents of the organizational Plaintiff, and to all blind individuals who require a screen reader to use the NY-Alert website to register and receive urgent information via New York State’s Mass Notification System that sighted users are able to access, so that such blind individuals can use that system equally, privately and independently to register for critical alerts;
  • Declare that the actions and inactions described herein violate the rights of Plaintiffs under the ADA and Section 504;
  • Issue an order requiring that Defendants replace their inaccessible NY-Alert website with a website that complies with the ADA and Section 504;
  • Issue an order requiring that Defendants put in place the systems, procedures, and personnel needed to ensure that future updates and changes to their website comply with the ADA and Section 504;
  • Issue an order enjoining Defendants from engaging in the unlawful conduct complained herein;
  • Award reasonable attorneys’ fees and costs pursuant to federal law; and
  • Grant such other and further relief as the court deems just and proper.