CROSSON v. THE SILL, INC.

    Plaintiff

    • Name: Aretha Crosson
    • Filing date: March 4, 2020
    • State of filing: New York

    Defendant

    • Name: The Sill, Inc.
    • Website: www.thesill.com
    • Industry: Consumer Goods
    • Summary: The Sill offers ceramic planters potted with houseplants

    Case Summary

    On March 4, 2020, Aretha Crosson filed a Complaint in New York Federal court against The Sill, Inc. . Plaintiff Aretha Crosson alleges that www.thesill.com is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • There are many important pictures on Thesill.com that lack a text equivalent.
    • Thesill.com also lacks prompting information and accommodations necessary to allow blind shoppers who use screen-readers to locate and accurately fill-out online forms.
    • Screen-reader does not indicate the type of product added to the cart.

    Plaintiff asserts the following cause(s) of action in its Complaint:

    • Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 
    • New York State Human Rights Law
    • New York City Human Rights Law
    • New York State Civil Rights Law
    • Declaratory Relief

    Plaintiff seeks the following relief by way of its Complaint:

    • 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., and 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, Thesill.com, into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that Thesill.com is readily accessible to and usable by blind individuals
    • A declaration that Defendant owns, maintains and/or operates its website, Thesill.com, in a manner which 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., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York
    • 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
    • An order directing Defendants to continually update and maintain its website to ensure that it remains fully accessible to and usable by the visually-impaired
    • 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
    • For pre- and post-judgment interest to the extent permitted by law
    • For such other and further relief which this court deems just and proper. 

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