Glen Rushefsky v. Crocs, Inc. d/b/a Hey Dude

Case Summary

According to the complaint, Glen Rushefsky, a legally blind individual, is suing Crocs, Inc. d/b/a Hey Dude for violations of the Americans with Disabilities Act due to accessibility barriers on their e-commerce website, www.heydude.com. Rushefsky alleges that he encountered multiple issues while attempting to purchase winter footwear, including missing alternative text on product images and unlabeled buttons, which rendered the site unusable for him. He seeks a permanent injunction requiring the defendant to remediate these barriers and ensure compliance with WCAG 2.1 Level AA. The complaint also includes claims under New York State and City laws, asserting that the website's inaccessibility denies blind individuals equal access to its goods and services.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• Violation of New York State Human Rights Law (NYSHRL)
• Violation of New York State Civil Rights Law (NYCRL)
• Violations of the New York City Human Rights Law (NYCHRL)
• Declaratory Relief

Key Allegations

• Defendant's website is inaccessible to blind and visually impaired individuals
• Plaintiff encountered multiple accessibility barriers preventing him from completing purchases
• Defendant failed to implement WCAG-compliant remediation despite prior notice of accessibility issues

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act
• A preliminary and permanent injunction requiring Defendant to make the Website fully compliant with the ADA
• Compensatory damages in an amount to be determined by proof
• An order certifying the Class and Sub-Classes under Fed. R. Civ. P. 23
• An award of costs and expenses of this action together with reasonable attorneys' and expert fees

Proposed Class

All legally blind individuals in the United States who have attempted to access www.heydude.com and were denied equal access to its digital content, product information, and online purchasing functions due to persistent accessibility barriers during the relevant statutory period.

Jurisdiction & Venue

This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 and 42 U.S.C. § 12188, as Plaintiff alleges violations of Title III of the Americans with Disabilities Act, a federal civil rights statute.