Plaintiff
- Name: Kenneth T. Chavez
- Filing date: March 24, 2020
- State of filing: New York
Defendant
- Name: 38-60 13th St. Partners LLC d/b/a The Giorgio Hotel
- Website: www.giorgiohotel.com
- Industry: Hotel, Restaurant and Leisure
- Summary: Giorgio Hotel is a hotel located in Long Island City, New York.
Case Summary
On March 24, 2020, Kenneth T. Chavez filed a Complaint in New York Federal court against 38-60 13th St. Partners LLC d/b/a The Giorgio Hotel. Plaintiff Kenneth T. Chavez alleges that www.giorgiohotel.com is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- the reservation system does not detail which rooms are accessible or not.
- no information about the room’s accessibility features.
- The Website’s reservation system contains no information as to whether any of its rooms available on particular dates contain accessible features including but not limited to roll in showers or bathtubs, built in seating, grab bars, lowered sinks, wrapped pipes, sink and door hardware, or sufficient maneuvering space complaint within the room.
- The Website also is devoid of most of the accessibility information concerning common areas and Hotel amenities and whether the Hotel is accessible in accordance with the 1991 Standards
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violation of Title III of the Americans with Disabilities Act
- Violation of New York State Human Rights Law
- Violation of New York State Civil Rights Law
- Violation of New York City Human Rights Law
- Declaratory Relief
Plaintiff seeks the following relief by way of its Complaint:
- A declaratory judgment pursuant to Federal Rules of Civil Procedure Rule 57 declaring the Defendant’s policies, procedures and practices are discriminatory against the Plaintiff in violation of Title III of the Americans with Disabilities Act, The New York Human Rights Law, the New York City Human Rights Law and the laws of New York
- Enjoining the Defendant from actions that deny disabled individuals who cannot walk without the use of use a wheelchair or other motorized mobility device access to the full and equal enjoyment of Defendant’s Website and Websites and from violating the Americans with Disabilities Act, 42 U.S.C. § 12182, et seq., N.Y. Exec. Law§ 296, et seq., N.Y.C. Administrative Code§ 8-107, et seq., and the laws of New York
- An Order of the Court requiring the Defendant to make the Website and Websites fully compliant with the requirements set forth in the ADA, and its regulations pursuant to 28 C.F.R. § 36.302(e)(1) and the 2010 ADAAG Standards, so that the Website is readily accessible to and usable by disabled individuals who cannot walk without the use of use a wheelchair or other motorized mobility device
- An Order of the Court which certifies this case as a class action under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3); appointing Plaintiff as Class Representative; and his attorney as counsel for the Class
- Compensatory damages, statutory penalties and fines for Plaintiff and the proposed Subclass for violations of their civil rights under the New York State Human Rights Law
- Compensatory damages, statutory penalties and fines for Plaintiff and the proposed Subclass for violations of their civil rights under the New York State Civil Rights
- Compensatory damages, punitive damages, statutory penalties and fines for Plaintiff and the proposed Subclass for violations of their civil rights under the New York City Human Rights Law
- Reasonable costs, disbursements and Plaintiff’s attorney fees pursuant to the ADA, New York Human Rights Law, New York City Human Rights Law and the laws of New York
- For pre-judgment and post-judgment interest to the highest extent permitted by law
- Such other and further relief as the Court deems just and proper.
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