Roosevelt Bradley, Karen Blachowicz v. Bioschwartz, LLC
Filed
Case details
- Defendant’s website
- Standards cited
- ADA's requirements apply to all goods, services, privileges, or activities offered by public accommodations, including those offered on the web.
Summary
According to the complaint, plaintiffs Roosevelt Bradley and Karen Blachowicz are legally blind individuals suing Bioschwartz, 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 company's website, which prevented them from purchasing products. The plaintiffs seek a permanent injunction to require the defendant to improve accessibility, along with compensatory damages and attorneys' fees.
About the defendant
Designs, develops, manufactures, and distributes nutritional supplements and 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.
- Accessibility barriers include ineffective communication and navigation issues for screen-reader users.
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.
- Provision of other relief deemed just and equitable.