NISBETT v. THE MARK HOTEL OWNERS CORP.

    Plaintiff

    • Name: Kareem Nisbett
    • Filing date: November 19, 2019
    • State of filing: New York

    Defendant

    • Name: The Mark Hotel Owners Corp.
    • Website: www.themarkhotel.com
    • Industry: Hotel, Restaurant and Leisure
    • Summary: The Mark Hotel is a luxury hotel in New York City.

    Case Summary

    On November 19, 2019, Kareem Nisbett filed a Complaint in New York Federal court against The Mark Hotel Owners Corp.. Plaintiff Kareem Nisbett alleges that www.themarkhotel.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
    • Links have general text like “read more” with no surrounding text explaining the link purpose
    • Frames do not have a title
    • Form controls have no label and no programmatically determined name
    • Forms have fields without label elements or title attributes
    • Headings are not nested correctly and some headings are empty
    • Several links on a page share the same link text, but go to different destinations
    • Webpages have markup errors

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

    • Violations of the ADA, 42 U.S.C. § 1281 et seq.
    • Violations of the NYSHRL
    • Violations of the NYCHRL
    • Declaratory Relief 

    Plaintiff seeks the following relief by way of its Complaint:

    • A preliminary and permanent injunction to prohibit Stitch Fix 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 Stitch Fix 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 Stitch Fix 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
    • Such other and further relief as this Court deems just and proper.

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