Plaintiff
- Name: Kelly Smith, Richard Degaetano
- Filing Date: March 30, 2026
- Court: United States District Court Northern District of Illinois
- State: Illinois
- Attorney Firm: Nye, Stirling, Hale, Miller, Sweet LLP
Defendant
- Name: 13 Rattles, Inc.
- Website: www.r13.com
- Industry: Apparel
- Standards Cited: ADA's requirements apply to all goods, services, privileges, or activities offered by public accommodations, including those offered on the web.
- Summary: Designs, develops, manufactures, and distributes clothing and apparel products.
Case Summary
According to the complaint, plaintiffs Kelly Smith and Richard DeGaetano, both legally blind, are suing 13 Rattles, Inc. for failing to make its digital platform accessible, violating the Americans with Disabilities Act and New York State Human Rights Law. They allege that they encountered significant barriers while attempting to access the website, which prevented them from purchasing products. The plaintiffs seek a permanent injunction to require the defendant to improve accessibility, along with compensatory damages and attorneys' fees.
Causes of Action
- Title III of the ADA, 42 U.S.C. § 12181 et seq.
- 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 legally blind individuals.
- 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
Jurisdiction is invoked pursuant to 28 U.S.C. § 1331, 28 U.S.C.A. § 1367 and 42 U.S.C. § 12188. Venue is proper under 28 U.S.C. § 1391(b)(2).
