Plaintiff
- Name: Brian Fischler
- Filing date: February 1, 2019
- State of filing: New York
Defendant
- Name: Choice Pet Food Distributors Inc.
- Website: www.choicepet.com
- Industry: Pet Products
- Summary: Choice Pet Food Distributors Inc. manufactures dog and cat food under a number of brand names, including Blue Buffalo, Acana, and Fromm.
Case Summary
On February 1, 2019, Brian Fischler filed a Complaint in New York Federal court against Choice Pet Food Distributors Inc.. Plaintiff Brian Fischler alleges that www.choicepet.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 alt-text for images.
- Frames do not have a title.
- Button elements are empty and have no programmatically
determined name. - Headings are empty and not nested correctly.
- Links use the general text of “read more” without text explaining the link’s 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:
- Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
- New York State Human 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., N.Y.C. Admin. 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 into full compliance with requirements set forth in the ADA and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
- 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
- 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;
- 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;
- Pre- and post-judgment interest;
- An award of costs and expenses of this action together with
reasonable attorneys’ and expert fees; and - Such other and further relief as this Court deems just and proper.
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