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Christopher Jackson, Christopher Walters v. Performance Apparel LLC

Filed

Case details

Standards cited
ADA's requirements apply to all goods, services, privileges, or activities offered by public accommodations, including those offered on the web.

Summary

According to the complaint, plaintiffs Christopher Jackson and Christopher Walters, both legally blind, are suing Performance Apparel LLC for failing to make its digital properties accessible, violating the ADA and New York State Human Rights Law. They allege that they encountered significant barriers while attempting to access the defendant's website, which prevented them from purchasing winter apparel. The plaintiffs seek a permanent injunction requiring the defendant to improve accessibility on its website, along with compensatory damages and attorneys' fees.

About the defendant

Designs, develops, manufactures, and distributes winter apparel for men, women, and children under the brand name Hot Chillys.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's digital properties are not accessible to legally blind individuals.
  • Plaintiffs encountered barriers that denied them full and equal access to Defendant's online goods, content, and services.
  • Accessibility barriers include issues with navigation menus, size guides, and interactive quizzes.

Legal claims

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

  • Title III of the ADA, 42 U.S.C. § 12181 et seq.
  • Violation of New York State Human Rights Law, Exec. Law, Article 15 § 290, et seq.

What the plaintiff asks for

What the plaintiff wants the court to order.

  • A Declaratory Judgment that Defendant was in violation of the ADA and New York laws.
  • A permanent injunction requiring Defendant to make its Digital Platform accessible.
  • Payment of costs of suit.
  • Payment of reasonable attorneys’ fees.
  • Payment of compensatory damages pursuant to New York law.
  • Payment of nominal damages.
  • Provision of other relief deemed just and equitable.