Dominique Tompkins, Richard Degaetano v. BETWEEN THE SHEETS, INC.

Case Summary

According to the complaint, plaintiffs Dominique Tompkins and Richard DeGaetano allege that Between the Sheets, Inc. has failed to make its digital platform accessible to individuals with visual disabilities, violating the Americans with Disabilities Act (ADA) and New York State Human Rights Law. The plaintiffs encountered significant barriers while attempting to access the website to purchase products, including unlabeled navigation links and inaccessible elements that prevent them from fully utilizing the site. They seek a permanent injunction to require the defendant to implement necessary changes to ensure accessibility, as well as a declaratory judgment confirming the violations and payment of attorneys' fees.

Causes of Action

• Title III of the ADA
• Violation of New York State Human Rights Law, Exec. Law, Article 15 § 290, et seq.

Key Allegations

• Defendant's digital properties are not accessible to legally blind individuals.
• Plaintiffs encountered barriers that denied them full access to the website.
• Defendant failed to implement adequate corporate policies for accessibility.

Requested Relief

• Permanent injunction requiring accessibility improvements to the digital platform.
• Declaratory judgment of violation of ADA and New York State Human Rights Law.
• Payment of reasonable attorneys’ fees and costs.

Proposed Class

Individuals with visual disabilities who are denied full and equal access to the digital platform of Between the Sheets, Inc.

Jurisdiction & Venue

Jurisdiction is invoked pursuant to 28 U.S.C. § 1331, 28 U.S.C.A. § 1367 and 42 U.S.C. § 12188. Venue is proper under 28 U.S.C. § 1391(b)(2).