Randolph Simmons v. Abaco Polarized, d/b/a Okana, LLC

Case Summary

According to the complaint, Randolph Simmons, a legally blind individual, is suing Abaco Polarized for failing to make its e-commerce websites accessible under the Americans with Disabilities Act (ADA). Simmons alleges that he encountered numerous accessibility barriers while attempting to purchase polarized sunglasses from the websites, including missing alternative text and unlabeled buttons. He seeks a permanent injunction to require the defendant to make its websites accessible and claims damages for the discrimination he faced. The complaint also cites violations of New York state laws regarding accessibility.

Causes of Action

• Violation of Title III of the Americans with Disabilities Act
• Violation of the New York City Human Rights Law
• Violation of the New York State Human Rights Law
• Violation of the New York State Civil Rights Law

Key Allegations

• Plaintiff encountered persistent accessibility barriers on Defendant's Website, including missing alternative text, empty links, unlabeled buttons, and structural issues.
• Defendant's Website is not accessible to blind and visually-impaired consumers, violating the ADA and state laws.

Requested Relief

• Permanent injunction requiring Defendant to make its Website fully accessible to blind and visually-impaired individuals consistent with WCAG 2.1 AA
• Compensatory damages, statutory damages, civil penalties, and punitive damages
• Reasonable attorneys’ fees and costs
• Pre- and post-judgment interest

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 during the relevant statutory period.

Jurisdiction & Venue

This Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12182, as Plaintiff’s claims arise under Title III of the ADA.