Plaintiff
- Name: Benjamin Butler
- Filing Date: March 27, 2026
- Court: United States District Court Southern District of New York
- State: New York
- Attorney Firm: Joseph & Norinsberg, LLC
Defendant
- Name: Footwear Unlimited, Inc. d/b/a the Frye Company
- Website: www.thefryecompany.com
- Industry: Retailing
- Standards Cited: WCAG 2.1 Level A, AA, and AAA
- Summary: markets and sells leather boots, shoes, sneakers, sandals, bags, accessories, and gift cards to consumers
Case Summary
According to the complaint, Benjamin Butler, a legally blind individual, is suing Footwear Unlimited, Inc. d/b/a The Frye Company for violations of the Americans with Disabilities Act due to the inaccessibility of its website, www.thefryecompany.com. Mr. Butler alleges that he encountered multiple barriers while attempting to browse and purchase products, including unlabeled buttons and inaccessible forms. He seeks a permanent injunction requiring the defendant to remediate these barriers and ensure compliance with accessibility standards. The complaint also cites violations of New York State and City laws regarding discrimination against individuals with disabilities.
Causes of Action
- Violations of the ADA, 42 U.S.C. § 12182 et seq.
- New York State Human Rights Law (NYSHRL)
- Violation of New York State Civil Rights Law (NYCRL)
- Violations of the New York City Human Rights Law (NYCHRL)
- Declaratory Relief
Key Allegations
- Defendant's website is inaccessible to blind and visually impaired individuals.
- Plaintiff encountered multiple accessibility barriers preventing meaningful engagement with the website.
- Defendant failed to implement WCAG-compliant accessibility protocols.
Requested Relief
- A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act.
- A declaration that Defendant discriminates against the blind and fails to provide access as required by law.
- Compensatory damages in an amount to be determined by proof.
Proposed Class
Nationwide Class: All legally blind individuals in the United States who have attempted to access www.thefryecompany.com and were denied equal access to its digital content, product information, and online purchasing functions due to persistent accessibility barriers during the relevant statutory period.
Jurisdiction & Venue
This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 and 42 U.S.C. § 12188.
