Brian Fischler v. Live Nation Concerts, Inc.

Summary

On February 21, 2019, BRIAN FISCHLER filed a Complaint in New York Federal court against LIVE NATION CONCERTS, INC.. Plaintiff BRIAN FISCHLER alleges that www.bonnaroo.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Live Nation Concerts, Inc. is a large concert promotion company, hosting concerts and festivals including Bonnaroo, the festival at issue in this case.

What the complaint says

The problems the plaintiff describes with the website.

• Lack of alt-text for images.
• Document titles are blank.
• Frames do not have a title.
• Button elements are empty and have no programmatically determined name.
• PDFs are not tagged and therefore are inaccessible by screenreaders.
• Forms have fields without label elements or title attributes.
• Webpages have duplicate IDs which can cause problems in screen readers.
• Webpages have no headings, headings are not nested correctly, and headings are empty.
• Several links on a page share the same link text but go to adifferent destination. For example, on the “Accommodations” page, there are several links labeled “learn more.”
• Links use general text like “buy now” or “here” with no surrounding text explaining the link’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 Releif

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 that the 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;
• An award of costs and expenses of this action together withreasonable attorneys’ and expert fees; and
• Such other and further relief as this Court deems just and proper.