MARION KILER vs. AI MEDICAL URGENT CARE PLLC d/b/a FIRST RESPONSE URGENT CARE

MARION KILER, represented by LEE LITIGATION GROUP, PLLC, filed suit in State of New York on March 21, 2018 alleging that AI MEDICAL URGENT CARE PLLC d/b/a FIRST RESPONSE URGENT CARE website www.firstresponseurgentcare.com is not accessible using the following testing standard(s): WCAG 2.0, Section 508. AI MEDICAL URGENT CARE PLLC d/b/a FIRST RESPONSE URGENT CARE is in the Medical industry.

The plaintiff alleges the following issues:

This case arises out of Defendant’s policy and practice of denying the blind access to the Website, including the services offered by Defendant through the Website. Due to Defendant’s failure and refusal to remove access barriers to the Website, blind individuals have been and are being denied equal access to the Medical Office, as well as to the numerous services and benefits offered to the public through the Website.

The specific laws that AI MEDICAL URGENT CARE PLLC d/b/a FIRST RESPONSE URGENT CARE allegedly violated include:

  • 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

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

  • A preliminary and permanent injunction to prohibit Defendant from violating the 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, the Website, into full compliance with the requirements set forth in the WCAG 2 Guideline 2.4.1, 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, the Website, in a manner which discriminates against the blind and which fails to provide access for persons with disabilities as required by 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 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 her 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 class for violations of their civil rights under New York State Human Rights Law and City Law;
  • Plaintiff’s reasonable attorneys’ fees, expenses, and costs of suit as provided by state and federal law;