Susan Russo v. PlanetArt, LLC

Case Summary

According to the complaint, Susan Russo, a legally blind individual, is suing PlanetArt, LLC for violating the Americans with Disabilities Act and related state laws due to accessibility barriers on its websites, including www.cafepress.com, www.canvasworld.com, and www.freeprintsnow.com. The plaintiff alleges that these barriers prevent blind users from accessing goods and services, citing specific issues such as missing alternative text and low contrast errors. Russo seeks injunctive relief to make the websites accessible, along with compensatory damages and attorneys' fees.

Causes of Action

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

Key Allegations

• Defendant's websites contain access barriers that prevent blind individuals from accessing goods and services.
• Plaintiff encountered multiple access barriers while attempting to use the websites.
• Defendant failed to take remedial steps after being previously sued for similar violations.

Requested Relief

• Permanent injunction to make websites accessible
• Compensatory and punitive damages
• Civil penalty pursuant to N.Y. Civ. Rights Law § 40-d
• Attorneys' fees and costs

Proposed Class

All legally blind individuals in the United States who have attempted or who in the future will attempt to access www.cafepress.com, www.canvasworld.com, and/or www.freeprintsnow.com and who have been, or will be, denied access to Defendant's websites due to the access barriers described herein.

Jurisdiction & Venue

This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 and 42 U.S.C. § 12188, with supplemental jurisdiction over state law claims under 28 U.S.C. § 1367.