Plaintiff
- Name: Lynnette Tatum-Rios
- Filing date: March 3, 2021
- State of filing: New York
Defendant
- Name: Hackwith Design House, LLC
- Website: www.hackwithdesignhouse.com
- Industry: Apparel
- Summary: Hackwith Design House is a casual women's fashion label selling clothes, shoes, and accessories via its website.
Case Summary
On March 3, 2021, Lynnette Tatum-Rios filed a Complaint in New York Federal court against Hackwith Design House, LLC. Plaintiff Lynnette Tatum-Rios alleges that www.hackwithdesignhouse.com is not accessible per the WCAG 2.1 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Lack of alt-text for images.
- PDFs are not properly tagged in order to be accessible to screen reader users.
- Tables are not properly labeled with row and column headers.
- Form controls have no label.
- Webpages have duplicate IDs which cause problems with screen
- Form field labels are not unique on a page or enclosed in a fieldset with a legend that makes the label unique.
- Some headings are empty.
- Webpages have markup errors.
Plaintiff asserts the following cause(s) of action in its Complaint:
- Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
- New York State Human Rights Law
- New York City Human Rights Law
- Declaratory Relief
Plaintiff seeks the following relief by way of its Complaint:
- A preliminary and permanent injunction to prohibit Defendant from violating Title III of the ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York;
- A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with the requirements set forth in Title III of the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
- A declaration that Defendant owns, maintains and/or operates the Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York
- An order certifying the Class and Subclasses under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and her attorneys as Class Counsel;
- Compensatory damages in an amount to be determined by proof, including all applicable statutory damages, punitive damages and fines;
- Pre- and post-judgment interest;
- An award of costs and expenses of this action together with reasonable attorneys’ and expert fees; and
- Such other and further relief as this Court deems just and proper.
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