Frank Senior v. Black Ember Inc.

Case Summary

According to the complaint, Frank Senior, a visually-impaired individual, is suing Black Ember Inc. for failing to make its website, www.blackember.com, accessible to blind users. The plaintiff alleges that he encountered numerous barriers while attempting to access product information and make purchases, violating his rights under the Americans with Disabilities Act (ADA) and related New York laws. The complaint seeks injunctive relief to require the defendant to improve website accessibility and compensatory damages for the alleged discrimination.

Causes of Action

• Violations of the ADA
• Violations of the NYSHRL
• Violations of the NYCHRL
• Violation 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 comply with WCAG 2.0 guidelines.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA and related laws.
• A declaration that Defendant's website discriminates against the blind.
• Compensatory damages for violations of civil rights under state laws.

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, and supplemental jurisdiction under 28 U.S.C. § 1367.