Nicolas Grant, Jessica Meyer v. Brackish Bow Ties, LLC

Summary

According to the complaint, plaintiffs Nicolas Grant and Jessica Meyer, both legally blind, are suing Brackish Bow Ties, LLC for failing to make its digital properties accessible, violating the Americans with Disabilities Act (ADA) and New York State Human Rights Law. They allege that they encountered significant barriers while attempting to access the defendant's website, https://brackish.com/, to purchase products. The plaintiffs seek a permanent injunction requiring the defendant to improve accessibility, along with compensatory damages and attorneys' fees.

About the defendant

Designs, develops, manufactures, and distributes specialized, handcrafted natural feather accessories for men and women, and other related products.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's digital properties are not accessible to legally blind individuals.
• Plaintiffs encountered barriers that denied them full and equal access to Defendant's online goods, content, and services.
• Defendant utilizes an Accessibility Overlay that fails to meet accessibility standards.

Legal claims

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

• Title III of the ADA
• Violation of New York State Human Rights Law, Exec. Law, Article 15 § 290, et seq.

What the plaintiff asks for

What the plaintiff wants the court to order.

• A Declaratory Judgment that Defendant was in violation of the ADA and New York laws.
• A permanent injunction requiring Defendant to make its Digital Platform accessible.
• Payment of costs of suit.
• Payment of reasonable attorneys’ fees.
• Payment of compensatory damages pursuant to New York law.
• Payment of nominal damages.