LUC BURBON, represented by Joseph H. Mizrahi, Esq. 300 Cadman Plaza West, 12th Fl. Brooklyn, N.Y. 11201 Telephone: (929) 575-4175 Facsimile: (929) 575-4195 Joseph@cml.legal GOTTLIEB & ASSOCIATES Jeffrey M. Gottlieb (JG7905) firstname.lastname@example.org Dana L. Gottlieb (DG6151) email@example.com 150 East 18th Street, Suite PHR New York, N.Y. 10003-2461 , filed suit in Federal of New York on January 25, 2019 alleging that AMAZING LASH STUDIO FRANCHISE, LLC, and AMAZING GROUP CORPORATION website www.amazinglashstudio.com is not accessible using the following testing standard(s): WCAG 2.0. AMAZING LASH STUDIO FRANCHISE, LLC, and AMAZING GROUP CORPORATION is in the Beauty industry.
The plaintiff alleges the following issues:
While attempting to navigate the website, the plaintiff encountered multiple accessibility barriers for blind or visually-impaired people that include, but are not limited to: (1) Lack of alternative text (“alt-text”), or a text equivalent. Alt-text is an invisible code embedded beneath a graphical image on a website. Web accessibility requires that alt-text be coded with each picture so that screen-reading software can speak the alt-text where a sighted user sees pictures, which includes captcha prompts. Alt-text does not change the visual presentation, but instead a text box shows when the cursor moves over the picture. The lack of alt-text on these graphics prevents screen readers from accurately vocalizing a description of the graphics. As a result, the Defendant’s visually-impaired customers are unable to determine what is on the website, browse, look for store locations and hours of operation, access detailed information pertaining to the services it offers in stores, the Find a Studio feature, promotional Introductory Offers, and other services. (2) Empty links that contain no text causing the function or purpose of the link to not be presented to the user. This can introduce confusion for keyboard and screen-reader users. (3) Redundant links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users. (4) Linked images missing alt-text, which causes problems if an image within a link contains no text and that image does not provide alt-text. A screen reader then has no content to present the user as to the function of the link, including information contained in PDFs.
The specific laws that AMAZING LASH STUDIO FRANCHISE, LLC, and AMAZING GROUP CORPORATION allegedly violated include:
- ADA - Section 302(a) of Title III of the ADA, 42 U.S.C. § 12101, et seq
- NYSHRL - N.Y. Exec. Law § 296(2)(a)
- NYSCRL - N.Y. Civil Rights Law § 41
- NYCHRL - N.Y.C. Administrative Code § 8-107(4)(a)
- DECLARATORY RELIEF
The plaintiff is seeking the following (Prayer for relief):
- A preliminary and permanent injunction to prohibit the 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 the 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 the Defendant own, maintain and/or operate Defendant’s 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;
- An order certifying the class and sub-classes under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing the plaintiff as class representative, and her attorneys as class counsel;
- Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to the plaintiff and the proposed subclasses for violations of their rights under the NYSHRL, NYSCRL, and NYCHRL;
- 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.