Aretha Crosson v. Heartbeat Health, Inc.
Filed
Case details
- Defendant’s website
Summary
On February 4, 2019, Aretha Crosson filed a Complaint in New York Federal court against Heartbeat Health, Inc. . Plaintiff Aretha Crosson alleges that Heartbeat Health, Inc. is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).
About the defendant
Heartbeat Health, Inc. operates an online-based cardiology practice.
What the complaint says
The problems the plaintiff describes with the website.
- Lack of alt-text on graphics,
- Inaccessible drop-down menus,
- Lack of navigation links,
- Lack of adequate prompting and labeling,
- Denial of keyboard access,
- Empty links that contain no text,
- Redundant links where adjacent links go to the same URL address, and
- Requirement that transactions be performed solely with a mouse.
Legal claims
The laws the plaintiff says the defendant broke, called causes of action.
- Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
- New York State Human Rights Law
- New York City Human Rights Law
- New York State Civil Rights Law
- Declaratory Relief
What the plaintiff asks for
What the plaintiff wants the court to order.
- A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq. and the laws of New York;
- A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with requirements set forth in the ADA and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
- A declaration that Defendant owns, maintains and/or operates its Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq. and the laws of New York
- An order certifying the Class and the State and City Sub-Classes under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel;
- Compensatory and damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class for violations of their civil rights under the New York State Human Rights Law and New York City Law;
- Pre- and post-judgment interest;
- An award of costs and expenses of this action together withreasonable attorneys’ and expert fees; and
- Such other and further relief as this Court deems just and proper.