FISCHLER v. ZENO GYM LLC

    Plaintiff

    • Name: Brian Fischler
    • Filing date: February 16, 2021
    • State of filing: New York

    Defendant

    • Name: Zeno Gym LLC
    • Website: www.zenogym.com
    • Industry: Leisure Products
    • Summary: Zeno Gym manufactures and sells home strength and resistance equipment and online fitness instruction courses.

    Case Summary

    On February 16, 2021, Brian Fischler filed a Complaint in New York Federal court against Zeno Gym LLC. Plaintiff Brian Fischler alleges that www.zenogym.com is not accessible per the WCAG 2.1 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Broken links.
    • HTML form control has no labels.
    • Lack of alt-text for images.
    • Links use general text with no surrounding text explaining their purpose. For example, numerous links just have the text of “BUY NOW BUY NOW.” e. Form controls have no label.
    • Form field labels are not unique on a page, making it difficult for a screen reader user to differentiate them. For example, numerous labels are just “Add to cart Add to cart.”
    • Headings are empty.

    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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