Plaintiff
- Name: Brain Fischler
- Filing date: January 13, 2019
- State of filing: New York
Defendant
- Name: Nelson Managemnet Group Ltd.
- Website: www.nelsonmanagementgroup.net
- Industry: Real Estate
- Summary: Nelson Managemnet Group Ltd. is a full-service real estate management firm.
Case Summary
On January 13, 2019, Brain Fischler filed a Complaint in New York Federal court against Nelson Managemnet Group Ltd. . Plaintiff Brain Fischler alleges that www.nelsonmanagementgroup.net is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Lack of alt-text for images. For example, images are labeled “custom.jpg.”
- Document titles are blank.
- PDFs are not tagged and therefore are inaccessible to screen readers.
- Frames do not have a title.
- Forms have fields without label elements or title attributes.
- Radio buttons are not contained in a fieldset element.
- Webpages have no headings and headings are not nested correctly.
- Links use general text like “Read More,” which doesn’t explain the link purpose.
- Several links on a page share the same link text, but go to different destinations.
- Webpages have markup errors.
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violations of the ADA, 42 U.S.C. § 1281 et seq.
- Violations of the NYSHRL
- Violations of the NYCHRL
- Declaratory Relief
Plaintiff seeks the following relief by way of its Complaint:
- A preliminary and permanent injunction to prohibit Nelson from violating Title III of the ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York
- A preliminary and permanent injunction requiring Nelson to take all the steps necessary to make its Website into full compliance with the requirements set forth in Title III of the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals
- A declaration that Nelson owns, maintains and/or operates the Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York
- An order certifying the Class and Subclasses under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel
- Compensatory damages in an amount to be determined by proof, including all applicable statutory damages, punitive damages and fines
- Pre- and post-judgment interest
- An award of costs and expenses of this action together with reasonable attorneys’ and expert fees
- Such other and further relief as this Court deems just and proper.
