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Kiler v. Forest County Potawatomi Community

Filed

Case details

Summary

On March 8, 2019, Marion Kiler filed a Complaint in Wisconsin Federal court against Forest County Potawatomi Community. Plaintiff Marion Kiler alleges that www.paysbig.com is not accessible per the WCAG 2.0, WCAG 2.1, Section 508 accessibility standard(s).

About the defendant

Potawatomi Hotel & Casino is a Native American casino in Milwaukee, Wisconsin.

What the complaint says

The problems the plaintiff describes with the website.

  • Unreadable text content
  • Lack of alt-text on graphics
  • Inaccessible forms
  • Lack of adequate prompting and labeling
  • Lack of navigation links
  • Denial of keyboard access
  • The requirement that transactions be performed solely with a mouse.

Legal claims

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

  • Violation of 42 U.S.C. §§ 12181, et seq. — Title III of the Americans with Disabilities Act
  • 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.
  • A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make the 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 the Website in a manner which 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.
  • An order certifying this case as a class action under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel
  • Plaintiff’s reasonable attorneys’ fees, statutory damages, expenses, and costs of suit as provided by state and federal law
  • For pre- and post-judgment interest to the extent permitted by law
  • Such other and further relief as the Court deems just and proper