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Marcos Calcano v. Blaklader, LLC

Filed

Case details

Standards cited
WCAG 2.0

Summary

According to the complaint, Marcos Calcano, a visually-impaired individual, is suing Blaklader, LLC for failing to make its website, www.blaklader.com, accessible to blind users. The complaint alleges that the website contains numerous barriers that prevent blind individuals from accessing its goods and services, violating the Americans with Disabilities Act (ADA) and related New York laws. Calcano claims he has been denied equal access to the website, which has caused him frustration and humiliation. He seeks a permanent injunction requiring Blaklader to make its website accessible and compensatory damages for the discrimination he faced.

About the defendant

Operates an online retail store offering workwear and other goods, including information about products, pricing, terms of service, refund and privacy policies.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is not accessible to blind and visually-impaired persons.
  • Plaintiff encountered multiple access barriers while attempting to use the website.
  • Defendant has failed to comply with WCAG 2.0 guidelines.

Legal claims

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

  • Violations of the ADA, 42 U.S.C. § 12181 et seq.
  • Violations of the NYSHRL
  • Violations of the NYCHRL
  • Violation of GBL § 349

What the plaintiff asks for

What the plaintiff wants the court to order.

  • A preliminary and permanent injunction to prohibit Defendant from violating the ADA and related laws.
  • A declaration that Defendant’s website discriminates against the blind.
  • Compensatory damages for violations of civil rights under New York laws.
  • Reasonable attorneys’ fees and costs.

Proposed class

The group of people the plaintiff asks to represent, so the case can cover them too.

All legally blind individuals in the United States who have attempted to access Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services offered by Defendant’s Website, during the relevant statutory period.