FISCHLER v. THE PALMS HOTEL, INC.

    Plaintiff

    • Name: Brian Fischler
    • Filing date: September 20, 2019
    • State of filing: New York

    Defendant

    • Name: The Palms Hotel Inc.
    • Website: www.palmshotelfireisland.com
    • Industry: Hotel, Restaurant and Leisure
    • Summary: The Palms is a boutique hotel in Ocean Beach on Fire Island which offers luxurious accommodations

    Case Summary

    On September 20, 2019, Brian Fischler filed a Complaint in New York Federal court against The Palms Hotel Inc. . Plaintiff Brian Fischler alleges that www.palmshotelfireisland.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.
    • Tables are not properly labeled. 
    • Frames do not have a title.
    • Radio button groups are not contained in a fieldset element.
    • Form field labels are not unique on a page or enclosed in a fieldset with a legend that makes the label unique.
    • Links use general text like “link” or “read more” which doesn’t explain the link purpose.
    • Webpages have duplicate IDs which cause problems with screen readers.
    • Webpages have no headings, headings are empty and headings are not nested correctly.
    • Several links on a page share the same link text, but go to different destinations.
    • Webpage 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 Defendant 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 Defendant to take all the steps necessary to make its Websites into full compliance with the requirements set forth in Title III of the ADA, and its implementing regulations, so that the Websites are readily accessible to and usable by blind individuals
    • A declaration that Defendant owns, maintains and/or operates the Websites 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.

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