FISCHLER v. THE COOKIE DOUGH CAFE HOLDCO, LLC

    Plaintiff

    • Name: Brian Fischler
    • Filing date: February 23, 2021
    • State of filing: New York

    Defendant

    • Name: The Cookie Dough Cafe Holdco, LLC
    • Website: www.thecookiedoughcafe.com
    • Industry: Hotel, Restaurant and Leisure
    • Summary: The Cookie Dough Cafe is a chain of frozen cookie dough dessert restaurants also offering packaged cookie dough frozen desserts in the grocery store aisles.

    Case Summary

    On February 23, 2021, Brian Fischler filed a Complaint in New York Federal court against The Cookie Dough Cafe Holdco, LLC. Plaintiff Brian Fischler alleges that www.thecookiedoughcafe.com is not accessible per the WCAG 2.1 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Links use general text that no describe the link’s purpose. For example, approximately 15 links have the text “Read More Read More.”
    • No title attributes found for the frames on multiple pages.
    • Provide no way to skip repetitive navigation links. Without this, keyboard users must tab through the links to get to page content.
    • Lack of alt-text for images.
    • Form controls have no label.
    • Tables are not labeled with row and column headers.

    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 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 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 Defendant 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.

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