LESHAWN DAWSON, represented by Joseph H. Mizrahi, Esq. Joseph@cml.lega1 300 Cadman Plaza West, 12th Fl. Brooklyn, New York 11201 Tel: (929) 575-4175 Fax: (929) 575-4195 GOTTLIEB & ASSOCIATES Jeffrey M. Gottlieb (JG7905) nyjg@aol.com Dana L. Gottlieb (DG6151) danalgottlieb@aol.com 150 East 18th Street, Suite PHR New York, N.Y. 10003-2461 Telephone: (212) 228-9795 , filed suit in Federal of New York on February 8, 2019 alleging that DAKOTA WATCH COMPANY website www.dakotawatch.com is not accessible using the following testing standard(s): WCAG 2.0. DAKOTA WATCH COMPANY is in the Consumer Goods industry.

The plaintiff alleges the following issues:

  • Require Defendant to cooperate with the Agreed Upon Consultant to: a. Train Defendant’s employees and agents who develop the Website on accessibility compliance under the WCAG 2.0 guidelines; b. Regularly check the accessibility of the Website under the WCAG 2.0 guidelines; c. Regularly test user accessibility by blind or vision-impaired persons to ensure that Defendant’s Website complies under the WCAG 2.0 guidelines; and, d. Develop an accessibility policy that is clearly disclosed on Defendant’s Websites, with contact information for users to report accessibility-related problems.
  • If the Website was accessible, Plaintiff and similarly situated blind and visually-impaired people could independently view service items, locate Defendant’s physical locations and hours of operation, shop for and otherwise research related goods and services available via the Website.
  • Although Defendant may currently have centralized policies regarding maintaining and operating its Website, Defendant lacks a plan and policy reasonably calculated to make them fully and equally accessible to, and independently usable by, blind and other visually-impaired consumers.

The specific laws that DAKOTA WATCH COMPANY allegedly violated include:

VIOLATIONS OF THE ADA, 42 U.S.C. § 1281 et seq.





The plaintiff is seeking the following (Prayer for 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. Administrative 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. Administrative Code § 8-107, et seq., and the laws of New York d. An order certifying the Class and Sub-Classes under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel; e. Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and subclasses for violations of their civil rights under New York State Human Rights Law and City Law;

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.