Lucas Rice, Richard Degaetano v. DIGITAL BRANDS GROUP, INC.

Case Summary

According to the complaint, plaintiffs Lucas Rice and Richard DeGaetano allege that Digital Brands Group, Inc. has failed to make its digital platform accessible to individuals with visual disabilities, violating the Americans with Disabilities Act (ADA) and New York State Human Rights Law. The plaintiffs encountered significant barriers while attempting to access the website, which prevented them from purchasing products. They seek a permanent injunction requiring the defendant to implement changes to ensure accessibility, including hiring a web accessibility consultant and training employees. The plaintiffs argue that the defendant's current practices do not comply with the ADA's requirements for effective communication and equal access.

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 access to the defendant's online goods and services.
• Defendant failed to implement adequate corporate policies for accessibility.

Requested Relief

• Permanent injunction requiring defendant to make its digital platform accessible.
• Retain a qualified consultant for web accessibility improvements.
• Provide training for employees on web accessibility.

Proposed Class

Individuals with visual disabilities who are denied full and equal access to the defendant's digital platform.

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).