FIALO v. BNB ENTERPRISES, LLC

    Plaintiff

    • Name: Holger Fiallo
    • Filing date: February 21, 2020
    • State of filing: Illinois

    Defendant

    • Name: BNB Enterprise, LLC
    • Website: www.bnbtobacco.com
    • Industry: Consumer Goods
    • Summary: BNB Tobacco sells cigars, pipe tobacco, CBD products, and smoking accessories via its website.

    Case Summary

    On February 21, 2020, Holger Fiallo filed a Complaint in Illinois Federal court against BNB Enterprise, LLC. Plaintiff Holger Fiallo alleges that www.bnbtobacco.com is not accessible.

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Defendant’s Website is so constructed that the 5% pop-up box “traps” the screen reader user.
    • Defendant’s Website states that an item is “unavailable” to the screen reader user even when the item is successfully added to the cart.
    • Defendant’s Website does not have accessible cart and checkout buttons.

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

    Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 

    Plaintiff seeks the following relief by way of its Complaint:

    • A Declaratory Judgment that at the commencement of this action Defendant was in violation of the specific requirements of Title III of the ADA described above, and the relevant implementing regulations of the ADA, in that Defendant took no action that was reasonably calculated to ensure that its Website is fully accessible to, and independently usable by, individuals with visual disabilities;
    • A permanent injunction pursuant to 42 U.S.C. § 12188(a)(2), 28 CFR § 36.504(a), N.Y. Exec. Law § 296, et seq., and the laws of New York, which directs Defendant to take all steps necessary to bring its Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that its Website is fully accessible to, and independently usable by, blind individuals, and which further directs that the Court shall retain jurisdiction for a period to be determined to ensure that Defendant has adopted and is following an institutional policy that will in fact cause it to remain fully in compliance with the law—the specific injunctive relief requested by Plaintiff is described more fully in paragraph 11 above.
    • Payment of actual, statutory, and punitive damages, as the Court deems proper;
    • Payment of costs of suit;
    • Payment of reasonable attorneys’ fees, pursuant to 42 U.S.C. § 12205 and 28 CFR § 36.505, including costs of monitoring Defendant’s compliance with the judgment (see Access Now, Inc. v. Lax World, LLC, No. 1:17-cv-10976-DJC (D. Mass. Apr. 17, 2018) (ECF 11) (“Plaintiffs, as the prevailing party, may file a fee petition before the Court surrenders jurisdiction. Pursuant to Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, 478 U.S. 546, 559 (1986), supplemented, 483 U.S. 711 (1987), and Garrity v. Sununu, 752 F.2d 727, 738-39 (1st Cir. 1984), the fee petition may include costs to monitor Defendant’s compliance with the permanent injunction.”); see also Gniewkowski v. Lettuce Entertain You Enterprises, Inc., Case No. 2:16-cv01898-AJS (W.D. Pa. Jan. 11, 2018) (ECF 191) (same);
    • Whatever other relief the Court deems just, equitable and appropriate; and
    • An Order retaining jurisdiction over this case until Defendant has complied with the Court’s Orders.

    Comments