KELLY McLEAN v. Dansko, LLC

Case Summary

According to the complaint, Kelly McLean, a legally blind individual, is suing Dansko, LLC for violations of the Americans with Disabilities Act due to the inaccessibility of its ecommerce website, www.dansko.com. McLean alleges that she faced significant barriers while attempting to purchase footwear, specifically the Women’s Rowan Red Leather Mary Jane Sandal and Women’s XP 2.0 Rose Patent Clog. The complaint cites multiple accessibility failures, including missing alternative text and unlabeled interactive elements, which prevented her from navigating the site effectively. McLean seeks injunctive relief to ensure the website is accessible to blind users and claims that the barriers she encountered are systemic and ongoing. She also requests certification of a class action on behalf of all legally blind individuals who have faced similar issues.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• New York State Human Rights Law
• Violation of New York State Civil Rights Law
• Violations of the New York City Human Rights Law
• Declaratory Relief

Key Allegations

• Plaintiff attempted to access the website using screen-reader technology but faced accessibility barriers.
• Defendant's website lacks proper semantic structure, alternative text, and labeled interactive elements.
• Plaintiff was unable to independently complete her objectives due to pervasive access barriers.

Requested Relief

• A preliminary and permanent injunction prohibiting Defendant from violating Title III of the ADA.
• A preliminary and permanent injunction requiring Defendant to make www.dansko.com fully accessible.
• A declaration that Defendant discriminates against blind individuals and fails to provide equal access.
• An order certifying the proposed Class and New York Subclass under Fed. R. Civ. P. 23.
• An award of costs, litigation expenses, and reasonable attorneys’ fees.

Proposed Class

All legally blind individuals in the United States who have attempted to access www.dansko.com and, as a result of Defendant’s failure to design, construct, maintain, and operate the Website in an accessible manner, were denied equal access to the goods, services, and information offered thereon.

Jurisdiction & Venue

This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 because Plaintiff’s claims arise under the laws of the United States, including Title III of the Americans with Disabilities Act.