Lucas Rice, Ian Foley v. Implus Footcare, LLC

Case Summary

According to the complaint, plaintiffs Lucas Rice and Ian Foley are legally blind individuals suing Implus Footcare, LLC for failing to make its digital properties accessible, violating the Americans with Disabilities Act (ADA) and New York State Human Rights Law. They allege that they encountered significant barriers while attempting to access the defendant's websites to purchase products, which denied them full and equal access. The plaintiffs seek a permanent injunction requiring the defendant to implement necessary changes to ensure 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.
• Defendant utilizes an Accessibility Overlay that fails to ensure compliance with accessibility standards.

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 Platforms 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).