Marcos Calcano v. Emi-Jay, Inc.

Case Summary

According to the complaint, Marcos Calcano, a visually-impaired individual, is suing EMI-JAY, INC. for failing to make its website, www.emijay.com, accessible to blind users. The complaint alleges that the website contains numerous barriers that prevent blind individuals from accessing its products and services, violating the Americans with Disabilities Act (ADA) and other New York laws. Calcano claims he faced difficulties in navigating the site and obtaining information about products, which has caused him frustration and humiliation. He seeks a permanent injunction to require EMI-JAY to improve website accessibility and compensatory damages for the alleged discrimination.

Causes of Action

• Violations of the ADA
• Violations of the NYSHRL
• Violations of the NYCHRL
• Violation of GBL § 349

Key Allegations

• Defendant's website is not accessible to blind and visually-impaired persons.
• Plaintiff encountered multiple access barriers preventing full use of the website.
• Defendant failed to comply with WCAG 2.0 guidelines.

Requested Relief

• Permanent injunction requiring Defendant to make its Website accessible to blind individuals.
• Compensatory damages for violations of civil rights under New York State Human Rights Law and GBL § 349.
• Reasonable attorneys’ fees and costs.

Proposed Class

All legally blind individuals in the United States who have attempted to access Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services offered by Defendant’s Website, during the relevant statutory period.

Jurisdiction & Venue

The Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12181, and supplemental jurisdiction under 28 U.S.C. § 1367.