Dominique Tompkins, Richard DeGaetano v. Washington Shoe Company

Summary

According to the complaint, Plaintiffs Dominique Tompkins and Richard DeGaetano, both legally blind, are suing Washington Shoe Company for failing to make its digital properties accessible, violating the ADA and New York State Human Rights Law. They allege that accessibility barriers on the company's website prevent them from accessing product information and completing purchases. The plaintiffs seek a permanent injunction to require the defendant to improve accessibility, along with compensatory damages and attorneys' fees.

About the defendant

Designs, develops, manufactures, and distributes shoes and related products under the brand name Chooka.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's digital properties are not accessible to legally blind individuals.
• Accessibility barriers prevent Plaintiffs from accessing information about Defendant’s products and services.
• Defendant uses an Accessibility Overlay that fails to ensure compliance with accessibility standards.

Legal claims

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

• Title III of the ADA
• 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.