Fischler v. A Group Ny, Inc.

Summary

On June 20, 2019, Brian Fischler filed a Complaint in New York Federal court against A Group NY, Inc.. Plaintiff Brian Fischler alleges that www.aube-new-york.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

A Group NY, Inc. owns and operates the Aube hair, a Japanese salon in New York.

What the complaint says

The problems the plaintiff describes with the website.

• Lack of alt-text for images.
• Frames do not have a title.
• Forms have fields without label elements or title attributes.
• Headings are not nested correctly.
• Several links on a page share the same link text, but go to different destinations.
• Webpages have markup errors.

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
• Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

• A preliminary and permanent injunction to prohibit Defendantfrom violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws ofNew York;
• A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with the 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. Administrative Code § 8-107, et seq., and the laws of New York;
• An order certifying the Class and 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 damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and subclasses for violations of their civil rights under New York State Human Rights Law and City Law;
• Pre- and post-judgment interest;
• An award of costs and expenses of the action together withreasonable attorneys’ and expert fees; and
• Such other and further relief as this Court deems just and proper.