FISCHLER v. TAIYAKI NYC INC.

    Plaintiff

    • Name: Brian Fischler
    • Filing date: August 13, 2019
    • State of filing: New York

    Defendant

    • Name: Taiyaki NYC, Inc.
    • Website: www.taiyakinyc.com
    • Industry: Hotel, Restaurant and Leisure
    • Summary: Taiyaki NYC is a chain of restaurants in the New York City area selling taiyaki, a traditional Japanese fish-shaped pastry with match ice cream.

    Case Summary

    On August 13, 2019, Brian Fischler filed a Complaint in New York Federal court against Taiyaki NYC, Inc.. Plaintiff Brian Fischler alleges that www.taiyakinyc.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.
    • Fieldset elements are not labeled with legend elements.
    • Frames do not have a title.
    • Button elements are empty and have no programmatically determined name.
    • Forms have fields without label elements or title attributes.
    • Webpages have duplicate IDs, which cause problems in screen readers.
    • Headings are empty and are not nested properly.
    • Several links on a page share the same link text but go to a different destination.
    • 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
    • New York City 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. 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 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;
    • 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. Administrative Code § 8-107, et seq., and the laws of New York;
    • An order certifying the Class and 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 damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and subclasses for violations of their civil rights under New York State Human Rights Law and City Law;
    • Pre- and post-judgment interest;
    • An award of costs and expenses of the 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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