BRAULIO THORNE V. BOSTON WHALER, INC.

    Plaintiff

    • Name: Braulio Thorne
    • Filing date: January 31, 2019
    • State of filing: New York

    Defendant

    • Name: Boston Whaler, Inc.
    • Website: www.bostonwhaler.com
    • Industry: Consumer Goods
    • Summary: Retail sales of personal boats, watercraft and boating accessories

    Case Summary

    On January 31, 2019, Braulio Thorne filed a Complaint in New York Federal court against Boston Whaler, Inc. . Plaintiff Braulio Thorne alleges that www.bostonwhaler.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    Lack of alterantive text

    Empty links that contain no text

    Redundant link 

    Linked images missing atl-text 

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

    VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq

    VIOLATIONS OF THE NYSHRL

    VIOLATIONS OF THE NYCHRL

    DECLARATORY RELIEF

    Plaintiff seeks the following relief by way of its Complaint:

    a. 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. Admin. Code § 8-107, et seq. and the laws of New York;

    b. A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with the requirements set forth in the ADA and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;

    c. A declaration that Defendant owns, maintains and/or operates its Website in a manner that 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., N.Y.C. Admin. Code § 8-107, et seq. and the laws of New York

    d. An order certifying the Class and the State and City Sub-Classes under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel;

    e. Compensatory and damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class for violations of their civil rights under the New York State Human Rights Law and New York City Law;

    f. Pre- and post-judgment interest;

    g. An award of costs and expenses of this action together with reasonable attorneys’ and expert fees; and

    h. Such other and further relief as this Court deems just and proper.

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