Brian Fischler v. Founders Entertainment, LLC

Summary

On February 21, 2019, BRIAN FISCHLER filed a Complaint in New York Federal court against FOUNDERS ENTERTAINMENT, LLC. Plaintiff BRIAN FISCHLER alleges that www.governorsballmusicfestival.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Founders Entertainment LLC organizes, promotes, and puts on various entertainment and music festivals, including the Governors Ball, an annual three day music festival in New York.

What the complaint says

The problems the plaintiff describes with the website.

• Lack of alt-text for images.
• Button elements are empty.
• Webpages have duplicate IDs which cause problems in screenreaders.
• Frames do not have title attributes.
• Headings are empty.
• Headings are not nested correctly.
• Several links on a page share the same link text but go to adifferent destination.
• Links use general text like “here,” which does not explain thelink’s purpose.
• 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 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 Defendant to take all the steps necessary to make its Website into full compliance with the requirements set forth in Title III of the ADA, and its implementing regulations, so thatthe Website is readily accessible to and usable by blind individuals;
• A declaration that Defendant owns, maintains and/or operates the Website 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;
• Costs and expenses of this action together with reasonable attorneys’ and expert fees; and
• Such other and further relief as this Court deems just and proper.