MERCER v. DOVER DOWNS GAMING AND ENTERTAINMENT, INC.

    Plaintiff

    • Name: Stacey Mercer
    • Filing date: March 29, 2019
    • State of filing: New York

    Defendant

    • Name: Dover Downs Gaming and Entertainment, Inc.
    • Website: www.doverdowns.com
    • Industry: Hotel, Restaurant and Leisure
    • Summary: Dover Downs Gaming and Entertainment, Inc. operates Dover Downs, a hotel, casino, and racetrack complex in Dover, Delaware.

    Case Summary

    On March 29, 2019, Stacey Mercer filed a Complaint in New York Federal court against Dover Downs Gaming and Entertainment, Inc.. Plaintiff Stacey Mercer alleges that www.doverdowns.com is not accessible.

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • The Website homepage says nothing about accessible guestrooms
    • The Hotel Introduction page contains a Book a room link that takes you to another page with a calendar to select stay dates. Above the calendar, there is a tab entitled rooms and Rates that is inactive and does not link to further information. Once a stay date is selected, you are offered the ability to book the Deluxe Double of Deluxe King. For each room type, there is a link to view details that states “Accessible rooms equipped for guests with special needs are also available.” However, no information is provided for one to access what that equipment is and whether it makes the room accessible to the particular guest
    • The Website has no accessibility information concerning common areas and amenities

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

    • VIOLATION OF THE AMERICANS WITH DISABILITIES ACT
    • VIOLATIONS OF THE NEW YORK STATE HUMAN RIGHTS LAW
    • VIOLATIONS OF THE NEW YORK CITY HUMAN RIGHTS LAW

    Plaintiff seeks the following relief by way of its Complaint:

    • A declaration that the Website (and other online reservation platforms, as applicable) is owned, leased, operated, and/or controlled by Defendant is in violation of the ADA, NYSHRL, and/or NYCHRL
    • Temporary and permanent injunctive relief enjoining Defendant from continuing its discriminatory practices, including the requirement that Defendant permanently implement policies, practices, procedures, including online content, consistent with the mandates of the 2010 ADAAG Standards on its Website (and other online reservation platforms, as applicable)
    • Temporary and permanent injunctive relief enjoining Defendant from maintaining or controlling content on any website through which it is offering online reservations for any hotel that it owns or operates, unless such website and online reservation system fully comply with 28 C.F.R. §36.302(e)(l)
    • An award of reasonable attorneys’ fees, costs, disbursements and other expenses associated with this action, in favor of Plaintiff
    • An award of compensatory damages deemed just and appropriate pursuant to NYSHRL and NYCHRL, to Plaintiff
    • Such other and further relief as this Court deems just, necessary and appropriate under the circumstances

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