MAHONEY v. BLUE MONKEY VAPES, INC.

• Many features on the Website lacks alt. text, which is the invisible code embedded beneath a graphical image. As a result, Plaintiff was unable to differentiate what services were on the screen due to the failure of the Website to adequately describe its content.
• Many features on the Website also fail to Add a label element or title attribute for each field. This is a problem for the visually impaired because the screen reader fails to communicate the purpose of the page element. It also leads to the user not being able to understand what he or she is expected to insert into the
  subject field.
• The Website also contains a host of broken links, which is a hyperlink to a nonexistent or empty webpage. For the visually impaired this is especially paralyzing due to the inability to navigate or otherwise determine where one is on the website once a broken link is encountered.
• The Website does not provide a text equivalent for every non-text element;
• The purpose of each link cannot be determined from the link text alone or from the link text and its programmatically determined link context;
• Web pages lack titles that describe their topic or purpose;
• Headings and labels do not describe topic or purpose;
• Keyboard user interfaces lack a mode of operation where the keyboard focus indicator is visible;
• The default human language of each web page cannot be programmatically determined;
• The human language of each passage or phrase in the content cannot be programmatically determined; 
• Labels or instructions are not always provided when content requires user input;
• Text cannot be resized up to 200 percent without assistive technology so that it may still be viewed without loss of content or functionality;
• A mechanism is not always available to bypass blocks of content that are repeated on multiple web pages;
• A correct reading sequence is not provided on pages where the sequence in which content is presented affects its meaning;
• In content implemented using markup languages, elements do not always have complete start and end tags, are not nested according to their specifications, may contain duplicate attributes, and IDs are not always unique; and

The name and role of all UI elements cannot be programmatically determined; things that can be set by the user cannot be programmatically set; and/or notification of changes to these items is not available to user agents, including
assistive technology.

• Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 
• New York City Human Rights Law
• Declaratory Relief

• 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 Websites are fully accessible to, and independently usable by, blind individuals;
• A permanent injunction pursuant to 42 U.S.C. § 12188(a)(2) and 28 CFR § 36.504 (a) which directs Defendant to take all steps necessary to bring the Website into full compliance with the requirements set forth in the ADA, and implementing regulations, so that the 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 Defendant to remain fully in compliance with the law—the specific injunctive relief requested by Plaintiff is described more fully in Paragraph 8 above;
• An award of costs and expenses of the action
• 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;
• seq., and the laws of New York;
• An order certifying the Class under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel;
• Such other and further relief as this Court deems just and proper.