Plaintiff
- Name: Ann Chiappetta
- Filing date: October 14, 2020
- State of filing: New York
Defendant
- Name: American Council of the Blind of New York, Inc. New York State Division of Homeland Security and Emergency Services Commissioner Patrick A. Murphy Governor Andrew M. Cuomo
- Website: www.alert.ny.gov
- Industry: Governmental Entity
- Summary: New York State Division of Homeland Security and Emergency Services is a division of the New York state government that, in addition to other duties, operates the state's emergency alert system and the related registration website.
Case Summary
On October 14, 2020, Ann Chiappetta filed a Complaint in New York Federal court against American Council of the Blind of New York, Inc. New York State Division of Homeland Security and Emergency Services Commissioner Patrick A. Murphy Governor Andrew M. Cuomo. Plaintiff Ann Chiappetta alleges that www.alert.ny.gov is not accessible per the WCAG 2.0, WCAG 2.1 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- lack of keyboard focus indicator;
- inaccessible toggle buttons and check boxes;
- inconsistent heading structure, unclear heading titles, and meaningless link names;
- lack of audio feedback; and
- errors in webpage focus order
Plaintiff asserts the following cause(s) of action in its Complaint:
- Disability-Based Discrimination In Violation of Title II of the Americans with Disabilities Act 42 U.S.C. § 12131 et seq.
- Disability-Based Discrimination In Violation of Section 504 of the Rehabilitation Act 29 U.S.C. § 794 et seq.
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Declaratory Relief
Plaintiff seeks the following relief by way of its Complaint:
- Issue an injunction requiring Defendants to make the website for NY-Alert, New York State’s Mass Notification System, accessible to the individual Plaintiff, to constituents of the organizational Plaintiff, and to all blind individuals who require a screen reader to use the NY-Alert website to register and receive urgent information via New York State’s Mass Notification System that sighted users are able to access, so that such blind individuals can use that system equally, privately and independently to register for critical alerts;
- Declare that the actions and inactions described herein violate the rights of Plaintiffs under the ADA and Section 504;
- Issue an order requiring that Defendants replace their inaccessible NY-Alert website with a website that complies with the ADA and Section 504;
- Issue an order requiring that Defendants put in place the systems, procedures, and personnel needed to ensure that future updates and changes to their website comply with the ADA and Section 504;
- Issue an order enjoining Defendants from engaging in the unlawful conduct complained herein;
- Award reasonable attorneys’ fees and costs pursuant to federal law; and
- Grant such other and further relief as the court deems just and proper.
