Tatum-rios v. NS Calli Soho Inc

Summary

On June 12, 2019, Lynette Tatum-Rios filed a Complaint in New York Federal court against NS Calli Soho Inc. NS Calli Chelsea Inc. NS Calli UES Inc. Calligaris USA Inc.. Plaintiff Lynette Tatum-Rios alleges that www.Calligaris.com/ea_us is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

NS Calli Soho Inc. sells modern furniture under the Calliagaris brand name.

What the complaint says

The problems the plaintiff describes with the website.

• Lack of alt-text for images.
• Not all fields in a group of input fields have a label.
• Fieldset elements are not labeled with legend elements.
• Document titles are blank.
• Links use general text like “download” with no surrounding text explaining the link’s purpose.
• Frames do not have a title.
• PDFs are not properly tagged and therefore are inaccessible to screen readers.
• Some pages have the same title so the title cannot be used to distinguish pages.
• Webpages have duplicate IDs which can cause problems in screen readers.
• Webpages have markup errors

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
• Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

• A preliminary and permanent injunction to prohibit Defendantsfrom violating Title III of the ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York;
• A preliminary and permanent injunction requiring Defendants to take all the steps necessary to make their Website into full compliance with the requirements set forth in Title III of the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
• A declaration that Defendants own, maintain and/or operate the Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York
• An order certifying the Class and Subclasses 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, punitive damages and fines;
• Pre- and post-judgment interest;
• An award of costs and expenses of this action together withreasonable attorneys’ and expert fees; and
• Such other and further relief as this Court deems just and proper.