NISBETT v. CCFCO MANAGEMENT

    Plaintiff

    • Name: Kareem Nisbett
    • Filing date: April 2, 2020
    • State of filing: New York

    Defendant

    • Name: CCFCO Management
    • Website: www.evefarms.com
    • Industry: Consumer Goods
    • Summary: CCFCO Management, under the brand name Eve's Farm, manufactures and sells a range of THC-free, CBD products including tincture, oil, and flower.

    Case Summary

    On April 2, 2020, Kareem Nisbett filed a Complaint in New York Federal court against CCFCO Management. Plaintiff Kareem Nisbett alleges that www.evefarms.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Lack of alt-text for images.
    • Fieldset elements are not labeled with legend elements.
    • Frames do not have a title. d. Webpages have duplicate IDs which cause problems in screen readers.
    • Headings are not nested correctly, and headings are empty.
    • Links use general text like “here” which don’t explain the link purpose.
    • Webpages have markup errors.

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

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

    Plaintiff seeks the following relief by way of its Complaint:

    • preliminary and permanent injunction to prohibit Defendant from violating Title III of the ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York;
    • A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with the requirements set
      forth in Title III of the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
    • A declaration that Defendant owns, maintains and/or operates the Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York
    • An order certifying the Class and Subclasses under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel;
    • Compensatory damages in an amount to be determined by proof, including all applicable statutory damages, punitive damages and fines;
    • Pre- and post-judgment interest;
    • An award of costs and expenses of this action together with
      reasonable attorneys’ and expert fees; and
    • Such other and further relief as this Court deems just and proper.

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