DICARLO v. TOULA MANUFACTURING LTD. INC.

    Plaintiff

    • Name: David DiCarlo
    • Filing date: February 3, 2020
    • State of filing: New York

    Defendant

    • Name: Toula Manufacturing Ltd. Inc. Toula MWDTC Investments, LLC ABG HMX, LLC Toula MSK Investments, LLC Toula JNY Investments, LLC ABG-Jones, LLC
    • Website: www.jny.com, www.mingwangknits.com, www.misook.com
    • Industry: Apparel
    • Summary: Toula manufactures and sells designer fashion apparel and accessories under a number of brand names including Jones New York, Ming Wang, and Misook.

    Case Summary

    On February 3, 2020, David DiCarlo filed a Complaint in New York Federal court against Toula Manufacturing Ltd. Inc. Toula MWDTC Investments, LLC ABG HMX, LLC Toula MSK Investments, LLC Toula JNY Investments, LLC ABG-Jones, LLC. Plaintiff David DiCarlo alleges that www.jny.com, www.mingwangknits.com, www.misook.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:

    • Incorrectly labeled buttons, 
    • The inability to access all content using the keyboard, 
    • Insufficient alt-text,
    • The inability to skip repeated blocks of content.

    Plaintiff asserts the following cause(s) of action in its Complaint:

    • Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 
    • New York State Human Rights Law
    • New York City Human Rights Law
    • New York State Civil Rights Law
    • Declaratory Relief

    Plaintiff seeks the following relief by way of its Complaint:

    • Damages awarded under N.Y. Civil Rights Law Section 41;
    • A preliminary and permanent injunction to prohibit Defendants from violating the Americans with Disabilities Act;
    • 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 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 its Website in a manner that 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;

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