Dicarlo v. The Jones Group, Inc.

Summary

On October 28, 2019, David DiCarlo filed a Complaint in New York Federal court against The Jones Group, Inc.. Plaintiff David DiCarlo alleges that www.jny.com is not accessible.

About the defendant

Jones New York is a women's clothing line.

What the complaint says

The problems the plaintiff describes with the website.

• Incorrectly labeled buttons
• Inability to access all content using the keyboard

Legal claims

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

• Title III of Americans with Disabilities Act, 42 U.S.C. Section 12181, et seq.

What the plaintiff asks for

What the plaintiff wants the court to order.

• Damages awarded under N.Y. Civil Rights Law § 41, which states that “any corporation which shall violate any of the provisions of sections forty, forty-a, forty-b or forty-two . . . shall for each and every violation thereof be liable to a penalty of not less than one hundred dollars nor more than five hundred dollars, to be recovered by the person aggrieved thereby . . . .” Additionally, damages under N.Y. Civil Rights Law § 40-d, which states that “any person who shall violate any of the provisions of the foregoing section, or subdivision three of section 240.30 or section 240.31 of the penal law, or who shall aid or incite the violation of any of said provisions shall for each and every violation thereof be liable to a penalty of not less than one hundred dollars nor more than five hundred dollars, to be recovered by the person aggrieved thereby in any court of competent jurisdiction in the county in which the defendant shall reside . . . .”
• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. § 12182, et seq., N.Y. Exec Law § 296, et seq., N.Y.C. Administrative 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 the Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by a blind person
• A declaration that Defendant owns, maintains and/or operates the Website in a manner which discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. § 12182 et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107 et seq., and the laws of New York