Plaintiff
- Name: Kane Brolin, Ian Foley
- Filing Date: March 13, 2026
- Court: United States District Court Northern District of Indiana
- State: Indiana
- Attorney Firm: Nye, Stirling, Hale, Miller, Sweet LLP
Defendant
- Name: Twelve South, LLC
- Website: www.twelvesouth.com
- Industry: Consumer Goods
- Standards Cited: ADA, WCAG 2.1
- Summary: Designs, develops, manufactures, and distributes tech accessories and related products.
Case Summary
According to the complaint, plaintiffs Kane Brolin and Ian Foley, both legally blind, are suing Twelve South, LLC for failing to make its digital platform accessible, violating the Americans with Disabilities Act (ADA) and New York State Human Rights Law. They allege that they encountered significant barriers while attempting to access the website to purchase products, which denied them equal access to the services offered. The plaintiffs seek a permanent injunction requiring the defendant to implement changes to ensure accessibility, along with compensatory damages and attorneys' fees.
Causes of Action
- Title III of the ADA
- Violation of New York State Human Rights Law, Exec. Law, Article 15 § 290, et seq.
Key Allegations
- Defendant's digital properties are not accessible to individuals with visual disabilities.
- Plaintiffs encountered barriers that denied them full and equal access to Defendant's online goods, content, and services.
Requested Relief
- A Declaratory Judgment that Defendant was in violation of the ADA and New York laws.
- A permanent injunction requiring Defendant to make its Digital Platform accessible.
- Payment of costs of suit.
- Payment of reasonable attorneys’ fees.
- Payment of compensatory damages pursuant to New York law.
- Payment of nominal damages.
Jurisdiction & Venue
This Court’s jurisdiction is invoked pursuant to 28 U.S.C. § 1331, 28 U.S.C.A. § 1367 and 42 U.S.C. § 12188.
