BRIAN FISCHLER vs. AVALONBAY COMMUNITIES (Case 1:19-cv-06871-ER)

BRIAN FISCHLER, represented by LIPSKY LOWE LLP, filed suit in Federal of New York on 2019-07-23 alleging that AVALONBAY COMMUNITIES website www.avaloncommunities.com/new-york/new-york-city-apartments/avalon-bowery-place is not accessible using the following testing standard(s): WCAG 2.0.

The plaintiff's issues with the site mentioned in the suit include:

It is, upon information and belief, Defendant’s policy and practice to deny Plaintiff Fischler and other blind or visually-impaired users access to its Website, thereby denying the facilities and services that are offered and integrated with its apartment building. Due to its failure and refusal to remove access barriers to its Website, Plaintiff Fischler and visually-impaired persons have been and are still being denied equal access to Defendant’s apartment building and the numerous facilities, goods, services, and benefits offered to the public through its Website.

The plaintiff is seeking the following (Prayer for relief):

  • A preliminary and permanent injunction to prohibit Defendant from violating Title III of the ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. 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 Title III of 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 the Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York d. An order certifying the Class and Subclasses 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 damages, punitive damages and fines; f. Pre- and post-judgment interest;
  • An award of costs and expenses of this action together with reasonable attorneys’ and expert fees; and h. Such other and further relief as this Court deems just and proper.

The specific laws that AVALONBAY COMMUNITIES allegedly violated include:

  • VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq.
  • VIOLATIONS OF THE NYSHRL
  • VIOLATIONS OF THE NYCHRL
  • DECLARATORY RELIEF