Plaintiff
- Name: DAVID DICARLO
- Filing date: April 2, 2019
- State of filing: New York
Defendant
- Name: BEST WESTERN INTERNATIONAL INC.
- Website: www.bestwestern.com
- Industry: Hotel, Restaurant and Leisure
- Summary: One of the leading budget hotels in the United States
Case Summary
On April 2, 2019, DAVID DICARLO filed a Complaint in New York State court against BEST WESTERN INTERNATIONAL INC.. Plaintiff DAVID DICARLO alleges that www.bestwestern.com is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
Defendant’s policy and practice of denying the blind access to the Website, including the goods and services offered by Defendant through the Website. Due to Defendant’s failure and refusal to remove access barriers to the Website, blind individuals have been and are being denied equal access to the Hotel’s online booking and reservation service, as well as to the numerous goods, services and benefits offered to the public through the Website.
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violation of 42 U.S.C. §§ 12181, et seq. — Title III of the Americans with Disabilities Act)
- Violation of New York State Human Rights Law, N.Y. Exec. Law, Article 15 (Executive Law § 292 et seq.)
- Violation of New York State Civil Rights Law, NY CLS Civ R, Article 4 (CLS Civ R § 40 et seq.)
- Violation of New York City Human Rights Law, N.Y.C. Administrative Code § 8-102, et seq.)
- Declaratory Relief
Plaintiff seeks the following relief by way of its Complaint:
- A preliminary and permanent injunction to prohibit Defendants from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York; 4. A preliminary and permanent injunction requiring Defendants to take all the steps necessary to make the Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
- A declaration that Defendants own, maintain and/or operate the Website sin a manner which discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
- An order certifying this case as a class action 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 and fines, to Plaintiff and the proposed subclass for violations of their civil rights under New York State Human Rights Law and City Law;
- Plaintiff’s reasonable attorneys’ fees, statutory damages, expenses, and costs of suit as provided by state and federal law;
- For pre- and post-judgment interest to the extent permitted by law; and
- Such other and further relief as the Court deems just and proper.
