Olsen v. 1287 Enterprises LLC

Summary

On December 19, 2019, Thomas J. Olsen filed a Complaint in New York Federal court against 1287 Enterprises LLC. Plaintiff Thomas J. Olsen alleges that www.4cornerscannabis.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

1287 Enterprises LLC manufactures Cannabis CBD products including tinctures, edibles, and salves for sale at retail and via its website.

What the complaint says

The problems the plaintiff describes with the website.

• Lack of alt-text for images.
• Tables are not properly labeled with row and column headers.
• Some pages have the same title, so the title cannot be used todistinguish pages.
• Form controls have no label and no programmatically determined name.
• Forms have fields without label elements or title attributes.
• Headings are not nested correctly and some headings are empty.
• Several links on a page share the same link text but go to adifferent destination.
• Webpages have markup errors.

Legal claims

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

• Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
• New York State Human Rights Law
• New York City Human Rights Law
• 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 its 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 its Website in a manner that 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 the Class and Sub-Classes under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel;
• Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and subclasses for violations of their civil rights under New York State Human Rights Law and City Law;
• Pre- and post-judgment interest;
• An award of costs and expenses of the action together withreasonable attorneys’ and expert fees; and
• Such other and further relief as this Court deems just and proper.