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Panarese et Al v. Jachs Ny, LLC

Filed

Case details

Summary

On July 10, 2019, John Panarese Abelardo Martinez, Jr. filed a Complaint in New York Federal court against Jachs NY, LLC . Plaintiff John Panarese Abelardo Martinez, Jr. alleges that www.jachsny.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Jachs NY, LLC is a clothing retailer.

What the complaint says

The problems the plaintiff describes with the website.

  • Missing alternative text which presents a problem because an image without alternative text results in an empty link.
  • Empty or missing form labels
  • Empty links that contain no text causing the function or purpose of the link to not be presented to the user.
  • Redundant Links where adjacent links go to the same URL address

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 Martinez’s rights under the Unruh Civil Rights Act, Cal. Civ. Code § 51 et seq.
  • For a preliminary and permanent injunction requiring Defendant to take the steps necessary to make the Website, jachsny.com, readily accessible to and usable by visually-impaired 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; and F. For such other and further relief as the Court deems just and proper.