BUNTING v. DRINK RECESS INC.

    Plaintiff

    • Name: Rasheta Bunting
    • Filing date: September 20, 2019
    • State of filing: New York

    Defendant

    • Name: Drink Recess Inc.
    • Website: www.takearecess.com
    • Industry: Food Products
    • Summary: Drink Recess Inc. is a retailer of hemp extract infused sparkling water beverages.

    Case Summary

    On September 20, 2019, Rasheta Bunting filed a Complaint in New York Federal court against Drink Recess Inc. . Plaintiff Rasheta Bunting alleges that www.takearecess.com is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

     

    • The image maps on Takearecess.com’s menu page do not contain adequate alt-text
    • On Takearecess.com, blind customers are not aware if the desired products, such as the Blackberry Chai, have been added to the shopping cart because the screenreader does not indicate the type of product or quantity
    • lack of adequate prompting and labeling
    • denial of keyboard access
    • Takearecess.com lacks accessible image maps
    • Plaintiff is unable to locate the shopping cart because the shopping basket form does not specify the purpose of the shopping cart.
    • the requirement that transactions be performed solely with a mouse

    Plaintiff asserts the following cause(s) of action in its Complaint:

    • Violation of 42 U.S.C. §§ 12181 et seq. – Title III of the Americans with Disabilities Act)
    • Violation of New York State Human Rights Law, N.Y. Exec. Law Article 15 (Executive Law § 292 et seq.)
    • Violation of New York State Civil Rights Law, NY CLS Civ R, Article 4 (CLS Civ R § 40 et seq.)
    • Violation of New York City Human Rights Law, N.Y.C. Administrative Code § 8-102, et seq
    • Declaratory Relief

    Plaintiff seeks the following relief by way of its Complaint:

    • A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., and N.Y.C. Administrative 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, Takearecess.com, into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that Takearecess.com is readily accessible to and usable by blind individuals
    • A declaration that Defendant owns, maintains and/or operates its website, Takearecess.com, in a manner which discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York
    • An order certifying this case as a class action under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel
    • Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff and the proposed class for violations of their civil rights under New York State Human Rights Law and City Law
    • Plaintiff’s reasonable attorneys’ fees, expenses, and costs of suit as provided by state and federal law
    • For pre- and post-judgment interest to the extent permitted by law
    • For such other and further relief which this court deems just and proper.

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