BRIAN FISCHLER vs. BARK SHOP INC. (Case 1:19-cv-00399-RJD-CLP)

BRIAN FISCHLER, represented by LIPSKY LOWE LLP, filed suit in Federal of New York on 2019-01-20 alleging that BARK SHOP, INC. website www.barkshop.com is not accessible using the following testing standard(s): WCAG 2.0.

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

  • Lack of alt text for images.
  • Fieldset elements are not labeled with legend elements.
  • Frames do not have a title.
  • Forms have fields without label elements or title attributes.
  • Headings are not nested correctly.
  • Several links on a page share the same link text but go to different
  • destinations.
  • Webpages have markup errors.

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

  • A preliminary and permanent injunction to prohibit Bark Shop 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 Bark Shop 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 Bark Shop 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
  • 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;
  • Pre- and post-judgment interest;
  • An award of costs and expenses of this action together with reasonable attorneys’ and expert fees; and
  • Such other and further relief as this Court deems just and proper.

The specific laws that BARK SHOP, INC. allegedly violated include:

  • VIOLATIONS OF THE ADA 42 U.S.C. § 12181
  • VIOLATIONS OF THE NYSHRL
  • VIOLATIONS OF THE NYCHRL
  • VIOLATIONS OF THE NYCHRL