BRIAN FISCHLER vs. LIVE NATION CONCERTS, INC. d/b/a Bonnaroo, (Case 1:19-cv-01059-JBW-SMG )

BRIAN FISCHLER, represented by LIPSKY LOWE LLP , filed suit in Federal of New York on 2019-02-21 alleging that LIVE NATION CONCERTS, INC. d/b/a Bonnaroo website is not accessible using the following testing standard(s): WCAG 2.0.

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

  • The lack of alt-text on these graphics prevents screen readers from accurately vocalizing a description of the graphics, depriving that person from knowing what is on the website.
  • Videos have audio description.
  • Title frames with text are provided. Absent these titles, navigating a website is particularly difficult.
  • Webpage headings are properly labeled with the topic or purpose of the webpage, versus being blank. Screen readers read out page headings, allowing users to quickly skip to a section. Navigation is, however, very difficult without those headings.
  • Equivalent text is provided when using scripts.
  • Forms may be completed with the same information and functionality as for sighted persons. Absent forms being properly labeled, it is difficult for a visually impaired or blind individual to complete the forms, as they do not know what the fields, how to input data, or what options to select (e.g., selecting a date or a size). A compliant website will, instead, provide labels or instructions when content requires user input. This includes captcha prompts, requiring the user to verity that he or she is not a robot.
  • Information about the meaning and structure of content is conveyed by more than the visual presentation of content.
  • Web pages do not share the same ID or title. When two or more elements on a web page share the same ID or title, it cause problems in screen readers which use IDs for labeling controls and table headings.
  • Linked images must contain alt-text explaining the image. Absent that alt-text, a screen reader has no content to present the user as to what the image is.
  • The purpose of each link is easily determined from how the link is labeled. Absent properly labeling each link or when no description exists, it confuses keyboard and screen-reader users as they do not know the purpose of the links. This includes captcha prompts.
  • No redundant links where adjacent links go to the same URL address. When redundant links exist, it causes additional navigation and repetition for keyboard and screen-reader users.
  • Portable Document Formats (PDFs) are accessible. When they are inaccessible, the visually impaired or blind individual cannot learn what information is on them.
  • One or more keyboard operable user interface has a mode of operation where the keyboard focus indicator is discernible.
  • Changing the setting of a user interface component does not automatically cause a change of content where the user has not been advised before using the component.
  • The name and role of all user interface elements can be programmatically determined; items that can be set by the user can be programmatically set; and/or notification of changes to these items are available to user agents, including assistive technology.

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
  • 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 LIVE NATION CONCERTS, INC. d/b/a Bonnaroo allegedly violated include:

  • VIOLATIONS OF THE ADA 42 U.S.C. § 12181 et seq.