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Mykayla Fagnani v. The Ute Mountaineer, Ltd.

Filed

Case details

Standards cited
WCAG 2.0

Summary

According to the complaint, Mykayla Fagnani, a visually-impaired individual, is suing The Ute Mountaineer, Ltd. for failing to make its website, www.neptunemountaineering.com, accessible to blind users. The plaintiff alleges that the website contains numerous barriers that prevent her from accessing products and services, violating the Americans with Disabilities Act (ADA) and related New York laws. Fagnani seeks a permanent injunction to require the defendant to improve website accessibility and compensatory damages for the discrimination she faced. The complaint also seeks to certify a class of similarly situated individuals who have faced similar barriers.

About the defendant

Operates an online retail store offering outdoor gear and accessories, 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 individuals.
  • Plaintiff encountered multiple access barriers preventing her from purchasing products.
  • Defendant has failed to comply with the ADA and other relevant laws.

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.

  • Permanent injunction requiring Defendant to make its Website accessible to blind individuals.
  • Compensatory damages for violations of civil rights under New York State Human Rights Law and GBL § 349.
  • 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.