Kevin Garey v. Selima Optique and Accessories Inc

Summary

On February 22, 2019, Kevin Garey filed a Complaint in New York Federal court against Selima Optique and Accessories, Inc. Plaintiff Kevin Garey alleges that www.selimaoptique.com is not accessible per the WCAG 2.0, Section 508 accessibility standard(s).

About the defendant

Selima Optique and Accessories, Inc sells luxury eyeglasses, sunglasses, and eyeglass accessories in a retail store as well as through the website.

What the complaint says

The problems the plaintiff describes with the website.

• Lack of alternative text (“alt-text”), or a text equivalent.
• 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 which results in additional navigation and repetition for keyboard and screen-reader users.
• Linked images missing alt-text, which causes problems if an image within a link contains no text and that image does not provide alt-text. A screen reader then has no content to present the user as to the function of the link, including information contained in PDFs.

Legal claims

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

• Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
• New York State Human Rights Law
• New York City Human Rights Law
• New York State Civil Rights Law
• New York City Civil Rights Law
• 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 its Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
• A declaration that Defendant owns, maintains and/or operates its Website in a manner that discriminates against the blind 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 the Class and Sub-Classes under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel;
• Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and subclasses for violations of their civil rights under New York State Human Rights Law and City Law;
• Pre- and post-judgment interest;
• Costs and expenses of this action together with reasonable attorneys’ and expert fees; and
• Such other and further relief as this Court deems just and proper.