Tatum-rios v. Galaxy Relation LLC

Summary

On February 11, 2021, Lynnette Tatum-Rios filed a Complaint in New York Federal court against Galaxy Relaxation LLC. Plaintiff Lynnette Tatum-Rios alleges that www.moonpod.co is not accessible per the WCAG 2.1 accessibility standard(s).

About the defendant

Moonpod is a zero-gravity beanbag chair and sofa maker.

What the complaint says

The problems the plaintiff describes with the website.

• Lack of alt-text for images.
• Fieldset elements are not labeled with legend elements.
• Tables are not properly labeled with row and column headers.
• Labels are blank and not attached to the controls they label.
• Frames do not have a title.
• Form controls have no label and no programmatically determined name.
• Forms have fields without label elements or title attributes.
• Radio button groups are not contained in a fieldset element.
• Form field labels are not unique on a page or enclosed in a fieldset with a legend that makes the label unique.
• Headings are not nested correctly and at least twenty (20) headings are empty.
• Webpages have duplicate IDs which cause problems in screenreaders.
• 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 Defendant from 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 Defendant to take all the steps necessary to make its 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 Defendant owns, maintains and/or operates 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 with reasonable attorneys’ and expert fees; and
• Such other and further relief as this Court deems just and proper.