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Panarese et Al v. Brilliance LLC

Filed

Case details

Summary

On May 28, 2019, John Panarese Roy Rios filed a Complaint in New York Federal court against Brilliance LLC. Plaintiff John Panarese Roy Rios alleges that www.brilliance.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Brilliance LLC is a diamond and engagement ring retailer.

What the complaint says

The problems the plaintiff describes with the website.

  • Empty or missing form labels which presented a problem because if a form control does not have a properly associated text label, the function or purpose of that form control may not be presented to screen reader users. Form labels provide visible descriptions and larger clickable targets for form controls;
  • Empty links that contain no text causing the function or purpose of the link to not be presented to the user. This can introduce confusion for keyboard and screen reader users
  • Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen reader users.

Legal claims

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

  • Violations of the ADA
  • Violations of the NYSHRL
  • Violations of the Unruh Civil Rights Act

What the plaintiff asks for

What the plaintiff wants the court to order.

  • For a judgment that Defendant violated Plaintiffs’ rights under the ADA, 42 U.S.C. § 12181 et seq., Plaintiff Panarese’s rights under NYSHRL, N.Y. Exec. Law § 296, et seq., and Plaintiff Rios’s rights under the Unruh Civil Rights Act, California Civil Code § 51 et seq.
  • For a preliminary and permanent injunction requiring Defendant to take the steps necessary to make the Website, jcatbeauty.com, readily accessible to and usable by visuallyimpaired individuals
  • For compensatory and/or statutory damages as permitted by law
  • For Plaintiffs’ reasonable attorneys’ fees and court costs
  • For pre-judgment interest to the extent permitted by law
  • For such other and further relief as the Court deems just and proper.