Marcos Calcano v. Room & Board, Inc.

Case Summary

According to the complaint, Marcos Calcano, a visually-impaired individual, is suing Room & Board, Inc. for failing to make its website, www.roomandboard.com, accessible to blind users. The complaint alleges that the website contains numerous barriers that prevent blind individuals from accessing its goods and services, violating the Americans with Disabilities Act (ADA) and New York state laws. Calcano claims he encountered multiple access issues while trying to purchase a chair and seeks a permanent injunction to require the defendant to improve website accessibility, along with compensatory damages for the discrimination faced.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12181 et seq.
• 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 individuals.
• Plaintiff encountered multiple access barriers while attempting to use the website.
• Defendant has failed to comply with WCAG 2.0 guidelines for web accessibility.

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 over Plaintiffs’ claims pursuant to New York State Human Rights Law, NYCHRL, and GBL.