Carlton Knowles v. Gempler’s Inc.

Case Summary

According to the complaint, Carlton Knowles, a visually-impaired individual, is suing Gempler’s Inc. for failing to make its website accessible as required by the Americans with Disabilities Act (ADA). Knowles alleges that he encountered numerous barriers while attempting to access the website, which prevented him from obtaining information and purchasing products. The complaint cites violations of the ADA, New York State Human Rights Law, and New York City Human Rights Law, seeking injunctive relief to ensure accessibility and compensatory damages for the discrimination faced. The case highlights the importance of web accessibility for individuals with disabilities.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12181 et seq.
• Violations of the NYSHRL
• Violations of the NYCHRL
• Violations of GBL § 349

Key Allegations

• Defendant's website is not accessible to blind and visually-impaired persons.
• Plaintiff encountered multiple access barriers preventing full use of the website.
• Defendant failed to provide necessary modifications to ensure accessibility.

Requested Relief

• A permanent injunction requiring Defendant to make its Website accessible to blind individuals.
• Compensatory damages for violations of civil rights under New York State Human Rights Law and GBL § 349.
• Reasonable attorneys’ fees and costs.

Proposed Class

All legally blind individuals in the United States who have attempted to access Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services offered by Defendant’s Website, during the relevant statutory period.

Jurisdiction & Venue

The Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12181, as Plaintiff’s claims arise under Title III of the ADA.