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Kelly Smith, Karen Blachowicz v. Kids2, LLC

Filed

Case details

Standards cited
ADA's requirements apply to all goods, services, privileges, or activities offered by public accommodations, including those offered on the web.

Summary

According to the complaint, plaintiffs Kelly Smith and Karen Blachowicz are legally blind individuals suing Kids2, LLC for failing to make its digital platform accessible, violating the ADA and New York State Human Rights Law. They allege that they encountered significant barriers while attempting to access the website to purchase children's products, which prevented them from completing their transactions. The plaintiffs seek a permanent injunction requiring Kids2 to improve accessibility on its website and to ensure compliance with relevant laws, along with damages and attorney fees.

About the defendant

Designs, develops, manufactures, and distributes children's toys and related products.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's digital properties are not accessible to legally blind individuals.
  • Plaintiffs encountered barriers that denied them full access to Defendant's online goods and services.
  • Defendant's website fails to comply with ADA requirements.

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

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 and reasonable attorneys' fees.
  • Payment of compensatory and nominal damages.