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Benjamin Butler v. Footwear Unlimited, Inc. d/b/a the Frye Company

Filed

Case details

Standards cited
WCAG 2.1 Level A, AA, and AAA

Summary

According to the complaint, Benjamin Butler, a legally blind individual, is suing Footwear Unlimited, Inc. d/b/a The Frye Company for violations of the Americans with Disabilities Act due to the inaccessibility of its website, www.thefryecompany.com. Mr. Butler alleges that he encountered multiple barriers while attempting to browse and purchase products, including unlabeled buttons and inaccessible forms. He seeks a permanent injunction requiring the defendant to remediate these barriers and ensure compliance with accessibility standards. The complaint also cites violations of New York State and City laws regarding discrimination against individuals with disabilities.

About the defendant

markets and sells leather boots, shoes, sneakers, sandals, bags, accessories, and gift cards to consumers

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is inaccessible to blind and visually impaired individuals.
  • Plaintiff encountered multiple accessibility barriers preventing meaningful engagement with the website.
  • Defendant failed to implement WCAG-compliant accessibility protocols.

Legal claims

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

  • Violations of the ADA, 42 U.S.C. § 12182 et seq.
  • New York State Human Rights Law (NYSHRL)
  • Violation of New York State Civil Rights Law (NYCRL)
  • Violations of the New York City Human Rights Law (NYCHRL)
  • 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.
  • A declaration that Defendant discriminates against the blind and fails to provide access as required by law.
  • Compensatory damages in an amount to be determined by proof.

Proposed class

The group of people the plaintiff asks to represent, so the case can cover them too.

Nationwide Class: All legally blind individuals in the United States who have attempted to access www.thefryecompany.com and were denied equal access to its digital content, product information, and online purchasing functions due to persistent accessibility barriers during the relevant statutory period.