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Randolph Simmons v. Abaco Polarized, d/b/a Okana, LLC

Filed

Case details

Standards cited
WCAG 2.1 AA

Summary

According to the complaint, Randolph Simmons, a legally blind individual, is suing Abaco Polarized for failing to make its e-commerce websites accessible under the Americans with Disabilities Act (ADA). Simmons alleges that he encountered numerous accessibility barriers while attempting to purchase polarized sunglasses from the websites, including missing alternative text and unlabeled buttons. He seeks a permanent injunction to require the defendant to make its websites accessible and claims damages for the discrimination he faced. The complaint also cites violations of New York state laws regarding accessibility.

About the defendant

Operates consumer-facing retail businesses through interactive e-commerce websites, offering a range of polarized sunglasses and related eyewear with online product listings and purchasing features.

What the complaint says

The problems the plaintiff describes with the website.

  • Plaintiff encountered persistent accessibility barriers on Defendant's Website, including missing alternative text, empty links, unlabeled buttons, and structural issues.
  • Defendant's Website is not accessible to blind and visually-impaired consumers, violating the ADA and state laws.

Legal claims

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

  • Violation of Title III of the Americans with Disabilities Act
  • Violation of the New York City Human Rights Law
  • Violation of the New York State Human Rights Law
  • Violation of the New York State Civil Rights Law

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Permanent injunction requiring Defendant to make its Website fully accessible to blind and visually-impaired individuals consistent with WCAG 2.1 AA
  • Compensatory damages, statutory damages, civil penalties, and punitive damages
  • Reasonable attorneys’ fees and costs
  • Pre- and post-judgment interest

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 during the relevant statutory period.