PHILLIP SULLIVAN, JR, represented by LEE LITIGATION GROUP, PLLC C.K. Lee (2903557) Anne Seelig (4192803) 30 East 39th Street, Second Floor New York, NY 10016 Tel.: 212-465-1188 Fax: 212-465-118, filed suit in State of New York on 2019-02-25 alleging that DISTANCE EDUCATION CO. L.L.C. website www.nyiad.edu is not accessible using the following testing standard(s): WCAG 2.1.
The plaintiff's issues with the site mentioned in the suit include:
- This case arises out of Defendant’s policy and practice of denying the deaf and hard of hearing full and equal access to the Website, including the goods and services offered by Defendant through the Website. Due to Defendant’s failure and refusal to remove access barriers to the Website, deaf and hard-of-hearing individuals have been and are being denied equal access to the Website, as well as to the numerous goods, services and benefits offered to the public through the Website.
- Defendant denies the deaf and hard of hearing access to goods, services, and information made available through the Website by preventing them from freely enjoying, interpreting, and understanding the content on the Website.
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 the Website fully compliant with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by deaf and hard-of-hearing individuals;
- A declaration that Defendant owns, maintains, and/or operates the Website in a manner which discriminates against the deaf and hard of hearing, 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;
- Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff 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;
The specific laws that DISTANCE EDUCATION CO. L.L.C. 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