CEDRIC BISHOP , represented by Jeffrey M. Gottlieb Jeffrey M. Gottlieb (JG-7905) Dana L. Gottlieb (DG-6151) GOTTLIEB & ASSOCIATES 150 East 18th Street, Suite PHR New York, New York 10003 Tel: 212.228-9795 Fax: 212.982.6284 firstname.lastname@example.org email@example.com Case 1:19-cv-01311-ALC Document 1 Filed 02/11/19 Page 27 of 27, filed suit in Federal of New York on 2019-02-11 alleging that MOBILE MARINE TECHNICIANS, INC. D/B/A/ TOMS RIVER MARINE AND MOTORSPORTS website WWW.TOMSRIVERMARINEANDMOTORSPORTS.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:
It is, upon information and belief, Defendant’s policy and practice to deny Plaintiff, along with other blind or visually-impaired users, access to Defendant’s website, and to therefore specifically deny the services that are offered and are heavily integrated with Defendant’s sales locations including boat fairs. Due to Defendant’s failure and refusal to remove access barriers to its website, Plaintiff and visually-impaired persons have been and are still being denied equal access to Defendant’s sales locations and the numerous services and benefits offered to the public through the Website.
The plaintiff is seeking the following (Prayer for relief):
- WHEREFORE, Plaintiff respectfully requests this Court grant the following relief:
- 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. 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 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. Admin. Code § 8-107, et seq. and the laws of New YorkAn order certifying the Class and the State and City 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 and damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class for violations of their civil rights under the New York State Human Rights Law and New York City Law;
- 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 MOBILE MARINE TECHNICIANS, INC. D/B/A/ TOMS RIVER MARINE AND MOTORSPORTS allegedly violated include:
- VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq.
- VIOLATIONS OF THE NYSHRL
- VIOLATIONS OF THE NYCHRL
- DECLARATORY RELIEF