Plaintiff
- Name: Brian Fischler
- Filing date: March 19, 2021
- State of filing: New York
Defendant
- Name: The Norwegian Protein Bakery, LLC
- Website: www.vikingwaffles.com
- Industry: Food Products
- Summary: Viking Waffles are a brand of protein-based, Norweigain-inspired waffles, mixes, and related products.
Case Summary
On March 19, 2021, Brian Fischler filed a Complaint in New York Federal court against The Norwegian Protein Bakery, LLC. Plaintiff Brian Fischler alleges that www.vikingwaffles.com is not accessible per the WCAG 2.1 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Lack of alt-text for images.
- ARIA is not allowed on numerous elements.
- Form controls have no label.
- Tables are not labeled with row and column headers.
- HTML controls have no labels.
- Links use general text like “buy now” and “purchase options” with no surrounding text explaining the link purpose.
- Numerous broken links.
- 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 with screen readers.
- 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.
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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