West v. Goddard Riverside Community Center

Summary

On January 18, 2019, Mary West filed a Complaint in New York Federal court against Goddard Riverside Community Center. Plaintiff Mary West alleges that www.goddard.org is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).

About the defendant

Goddard Riverside Community Center is a local community center offering a variety of outreach services.

What the complaint says

The problems the plaintiff describes with the website.

• Denial of keyboard access
• Inability to determine the purpose of links from the link text and context
• Lack of a visible keyboard focus indicator

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
• Violation of New York State Human Rights Law, N.Y. Exec. Law, Article 15 (Executive Law § 292 et seq.
• Violation of New York State Civil Rights Law, NY CLS Civ R, Article 4 (CLS Civ R § 40 et seq.
• Violation of New York City Human Rights Law, N.Y.C. Administrative Code § 8-102, et seq.
• 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 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., 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 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 her attorneys as Class Counsel
• Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff and the proposed subclass for violations of their civil rights under New York State Human Rights Law and City Law
• 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