Crosson v. I Am Beyond LLC

Summary

On May 22, 2019, Aretha Crosson filed a Complaint in New York Federal court against I am Beyond LLC . Plaintiff Aretha Crosson alleges that www.beyondyoga.com is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).

About the defendant

I am Beyond LLC owns and operates Beyond Yoga, a specialty retailer of atheltic apparel.

What the complaint says

The problems the plaintiff describes with the website.

• Lack of alternative text
• Lack of prompting information and accommodations necessary to allow blind shoppers who use screen-readers to locate and accurately fill-out online forms.
• Many of the links on the website simply read as “links” or “button” without an explanation as to what they are or where they lead
• When selecting a product, the website does not allow users of screen-readers to select size of clothing.
• Lack of accessible image maps
• Lack of navigation links
• Requires the use of a mouse to complete a transaction

Legal claims

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

• Violation of 42 U.S.C. §§ 12181 et seq. – Title III of the Americans with Disabilities Act
• Violation of New York State Human Rights Law, N.Y. Exec. Law Article 15 (Executive Law § 292 et seq.)
• Violation of New York State Civil Rights Law, NY CLS Civ R, Article 4 (CLS Civ R § 40 et seq.)
• Violation of New York City Human Rights Law, N.Y.C. Administrative Code § 8-102, et seq.)
• 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., and N.Y.C. Administrative 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, beyondyoga.com, into full compliance with therequirements set forth in the ADA, and its implementing regulations, so that beyondyoga.com is readily accessible to and usable by blind individuals;
• A declaration that Defendant owns, maintains and/or operates its website, Beyonce.com, in a manner which 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., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
• An order certifying this case as a class action under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel;
• An order directing Defendants to continually update and maintain its website to ensure that it remains fully accessible to and usable by the visually-impaired;
• Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff and the proposed class for violations of their civil rights under New York State Human Rights Law and City Law;
• Plaintiff’s reasonable attorneys’ fees, expenses, and costs of suit as provided by state and federal law;
• For pre- and post-judgment interest to the extent permitted by law
• For such other and further relief which this court deems just and proper.