Plaintiff
- Name: Kelly Smith, Richard Degaetano
- Filing Date: August 3, 2026
- Court: United States District Court Northern District of Illinois
- State: Illinois
- Attorney Firm: Nye, Stirling, Hale, Miller, Sweet LLP
Defendant
- Name: Safari Programs, Inc.
- Website: www.safariltd.com
- Industry: Consumer Goods
- Standards Cited: ADA, 42 U.S.C. §§ 12181-12189, N.Y. Exec. Law § 290, et seq.
- Summary: Designs, develops, manufactures, and distributes toys, figurines, and related products.
Case Summary
According to the complaint, plaintiffs Kelly Smith and Richard DeGaetano, both legally blind, are suing Safari Programs, Inc. for failing to make its digital platform accessible, violating the ADA and New York State Human Rights Law. They allege that they encountered significant barriers while attempting to access the website, including inaccessible promotional popups and product image carousels. The plaintiffs seek a permanent injunction requiring the defendant to improve 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 legally blind individuals.
- Plaintiffs encountered barriers preventing them from accessing information about Defendant’s products and services.
- Accessibility barriers include promotional popups not receiving screen-reader focus and inaccessible product image carousels.
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 and reasonable attorneys’ fees.
- Payment of compensatory and 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).
