Can we count your visit?

Our analytics service records the pages you view, so we can see which ones are useful. It saves a random ID in your browser, and we never use it for advertising. Read our privacy policy.

Fischler v. Spoonful of Comfort, LLC

Filed

Case details

Summary

On May 29, 2020, Brian Fischler filed a Complaint in New York Federal court against Spoonful of Comfort LLC . Plaintiff Brian Fischler alleges that www.spoonfulofcomfort.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Spoonful of Comfort LLC offers soup gift baskets or soup care packages.

What the complaint says

The problems the plaintiff describes with the website.

  • Lack of alt-text for images.
  • Some pages have the same title so the title cannot be used to distinguish pages.
  • Frames do not have a title.
  • PDFs are not tagged and therefore are inaccessible to screen readers.
  • Button elements are empty and have no programmatically determined name.
  • Forms have fields without label elements or title attributes.
  • Webpages have duplicate IDs, which cause problems with screen readers.
  • Form field labels are not unique on a page or enclosed in a fieldset with a legend that makes the label unique.
  • Webpages have no headings, headings are not nested correctly and approximately fifteen (15) headings are empty.
  • 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.

  • Violations of the ADA, 42 U.S.C. § 12181 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 Defendant 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 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 with reasonable attorneys’ and expert fees
  • Such other and further relief as this Court deems just and proper.