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Kane Brolin, Ian Foley v. Twelve South, LLC

Filed

Case details

Standards cited
ADA

Summary

According to the complaint, plaintiffs Kane Brolin and Ian Foley, both legally blind, are suing Twelve South, LLC for failing to make its digital platform accessible, violating the Americans with Disabilities Act (ADA) and New York State Human Rights Law. They allege that they encountered significant barriers while attempting to access the website to purchase products, which denied them equal access to the services offered. The plaintiffs seek a permanent injunction requiring the defendant to implement changes to ensure accessibility, along with compensatory damages and attorneys' fees.

About the defendant

Designs, develops, manufactures, and distributes tech accessories and related products.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's digital properties are not accessible to individuals with visual disabilities.
  • Plaintiffs encountered barriers that denied them full and equal access to Defendant's online goods, content, and services.

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.