DAVID DICARLO vs SV GREENPORT LLC, and MAVERICK HOTEL PARTNERS LLC (Case 55634/2019)

DAVID DICARLO, represented by LEE LITIGATION GROUP, PLLC, filed suit in State of New York on 2019-06-05 alleging that SV GREENPORT LLC, and MAVERICK HOTEL PARTNERS LLC website www.soundviewgreenport.com is not accessible using the following testing standard(s): WCAG 2.1, Section 508.

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

Defendants engaged in acts of intentional discrimination, including but not limited to the following policies or practices: (a) constructing and maintaining a website that is inaccessible to blind class members with knowledge of the discrimination; and/or (b) constructing and maintaining a website that is sufficiently intuitive and/or obvious that is inaccessible to blind class members; and/or (c) failing to take actions to correct these access barriers in the face of substantial harm and discrimination to blind class members.

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

  • A preliminary and permanent injunction to prohibit Defendants 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; 4. A preliminary and permanent injunction requiring Defendants to take all the steps necessary to make the 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 Defendants own, maintain and/or operate the Website sin a manner which 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 this case as a class action 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 and fines, to Plaintiff and the proposed subclass for violations of their civil rights under New York State Human Rights Law and City Law;
  • Plaintiff’s reasonable attorneys’ fees, statutory damages, expenses, and costs of suit as provided by state and federal law;
  • For pre- and post-judgment interest to the extent permitted by law; and
  • Such other and further relief as the Court deems just and proper.

The specific laws that SV GREENPORT LLC, and MAVERICK HOTEL PARTNERS LLC allegedly violated include:

  • This is an action for declaratory and injunctive relief brought pursuant to the New York State Human Rights Law, N.Y. Exec. Law, Article 15 (Executive Law § 290 et seq.) (“NYS HRL”) and the New York City Human Rights Law, N.Y.C. Administrative Code § 8-101 et seq. (“NYC HRL” or “City law”). The Court has power to issue such relief pursuant to N.Y. C.P.L.R. § 6301.
  • Violation of 42 U.S.C. §§ 12181, et seq. — Title III of the Americans with Disabilities Act)
  • Violation of New York State Human Rights Law, N.Y. Exec. Law, Article 15 (Executive Law § 292 et seq.)
  • Violation of New York State Civil Rights Law, NY CLS Civ R, Article 4 (CLS Civ R § 40 et seq.)
  • Violation of New York City Human Rights Law, N.Y.C. Administrative Code § 8-102, et seq.)
  • Declaratory Relief