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Fischler v. Cyc Design Corporation

Filed

Case details

Summary

On May 24, 2019, Brian Fischler filed a Complaint in New York Federal court against CYC Design Corporation d/b/a Wings + Horns. Plaintiff Brian Fischler alleges that www.wingsandhorns.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

CYC Design Corporation designs and manufactures two apparel brands focused on innovation and craftsmanship.

What the complaint says

The problems the plaintiff describes with the website.

  • Non-text images lacking proper alternative text.
  • Website was difficult to navigate using a screen reader
  • Links are not properly labeled with alternative text
  • Unable to select a size and therefore could not complete a purchase
  • Frames do not have a title.
  • Headings are empty
  • Webpages have markup errors

Legal claims

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

  • Violations of the ADA, 42 U.S.C. § 1281 et seq.
  • Violations of the NYSHRL
  • Violations of the NYCHRL
  • Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

  • A preliminary and permanent injunction to prohibit Moinian from violating Title III of the ADA, 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 Moinian to take all the steps necessary to make its Websites into full compliance with the requirements set forth in Title III of the ADA, and its implementing regulations, so that the Websites are readily accessible to and usable by blind individuals
  • A declaration that Moinian owns, maintains and/or operates the Websites in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by ADA, 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 Subclasses 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 damages, punitive damages and fines
  • Pre- and post-judgment interest
  • An award of costs and expenses of this action together with reasonable attorneys’ and expert fees
  • Such other and further relief as this Court deems just and proper.