Mykayla Fagnani v. Boone Mountain Sports, LLC

Case Summary

According to the complaint, Mykayla Fagnani, a visually-impaired individual, is suing Boone Mountain Sports, LLC for failing to make its website accessible as required by the Americans with Disabilities Act (ADA). Fagnani alleges that the website, www.boonemountainsports.com, contains multiple barriers that prevent blind users from accessing its content and services, including missing alt-text for images and broken links. The complaint cites violations of the ADA, New York State Human Rights Law, and New York City Human Rights Law, seeking a permanent injunction to require the defendant to improve website accessibility and compensatory damages for the plaintiff and class members.

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 while attempting to use the website
• Defendant has failed to comply with WCAG 2.0 guidelines

Requested Relief

• Permanent injunction requiring Defendant to make its Website accessible
• Compensatory damages
• Civil penalties and fines
• Reasonable attorneys’ fees

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 venue is proper under 28 U.S.C. § 1391(b)(1) and (2).