Jones v. Crew International LLC

Summary

On December 16, 2020, Kahlimah Jones filed a Complaint in New York Federal court against Crew International LLC. Plaintiff Kahlimah Jones alleges that www.caliwhite.com is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).

About the defendant

Cali White is an all-natural teeth whitening system.

What the complaint says

The problems the plaintiff describes with the website.

• The lack of closed captioning. This barrier is in violation of WCAG 2.1 Guideline 1.2.2, which mandates that video content contain captioning.

Legal claims

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

• Violation of 42 U.S.C. § 12181, et seq. — Title III of the Americans with Disabilities Act
• Violation of New York State Human Rights Law, N.Y. Exec. Law, Article 15 (Executive Law § 292 et seq.)
• Violation of New York State Civil Rights Law, NY CLS Civ R, Article 4 (CLS Civ R § 40 et seq.)
• Violation of New York City Human Rights Law, N.Y.C. Administrative Code § 8-102, et seq
• Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

• 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 fully compliant with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by deaf and hard-of-hearing individuals;
• A declaration that Defendant owns, maintains, and/or operates the Website in a manner which discriminates against the deaf and hard of hearing, 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;
• An order certifying this case as a class action under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and her attorneys as Class Counsel;
• Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff and the proposed Subclass for violations of their civil rights under New York State Human Rights Law and City Law;
• Plaintiff’s reasonable attorneys’ fees, statutory damages, expenses, and costs of suit as provided by state and federal law;
• For pre- and post-judgment interest to the extent permitted by law; and
• For such other and further relief which this court deems just and proper