DUNCAN v. RESCUE SPA NEW YORK LLC

    Plaintiff

    • Name: Eugene Duncan
    • Filing date: June 3, 2019
    • State of filing: New York

    Defendant

    • Name: Rescue Spa New York LLC
    • Website: www.rescuespa.com
    • Industry: Beauty
    • Summary: Rescue Spa New York LLC is a full-service salon in New York City offering massage and aesthetic services.

    Case Summary

    On June 3, 2019, Eugene Duncan filed a Complaint in New York Federal court against Rescue Spa New York LLC. Plaintiff Eugene Duncan alleges that www.rescuespa.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Lack of Alternative Text (“alt-text”), or a text equivalent.
    • Empty Links That Contain No Text causing the function or purpose of the link to not be presented to the user. 
    • Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users; and
    • Linked Images Missing Alt-text, which causes problems if an image within a link contains no text and that image does not provide alt-text. 
    • Website requires the use of a mouse to complete a
      transaction. 

    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:

    • 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;
    • An order certifying the Class and Sub-Classes 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 and punitive damages and fines, to Plaintiff and the proposed class and subclasses for violations of their civil rights under New York State Human Rights Law and City Law;
    • Pre- and post-judgment interest;
    • An award of costs and expenses of the action together with
      reasonable attorneys’ and expert fees; and
    • Such other and further relief as this Court deems just and proper.

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