Plaintiff
- Name: Teniya Booker, Sylvia Santos
- Filing Date: April 23, 2026
- Court: United States District Court Northern District of Illinois
- State: Illinois
- Attorney Firm: Nye, Stirling, Hale, Miller, Sweet LLP
Defendant
- Name: Swat.fame, Inc.
- Website: www.kutfromthekloth.com
- Industry: Apparel
- Standards Cited: WCAG 2.1
- Summary: Designs, develops, manufactures, and distributes clothing and apparel.
Case Summary
According to the complaint, plaintiffs Teniya Booker and Sylvia Santos, both legally blind, allege that SWAT.FAME, INC., doing business as Kut from the Kloth, has failed to make its digital platform accessible, violating the Americans with Disabilities Act and New York State Human Rights Law. They encountered significant barriers while attempting to access the website to purchase products, including inaccessible promotional popups and poorly labeled buttons. The plaintiffs seek a permanent injunction to require the defendant to improve accessibility and ensure compliance with relevant laws, along with damages and attorney fees.
Causes of Action
- Title III of the ADA
- Violation of New York State Human Rights Law, Exec. Law, Article 15 § 290, et seq.
Key Allegations
- Defendant's digital properties are not accessible to legally blind individuals.
- Accessibility barriers prevent screen-reader users from accessing promotions and product information.
- Defendant uses an Accessibility Overlay that fails to meet compliance standards.
Requested Relief
- A Declaratory Judgment that Defendant was in violation of the ADA and New York laws.
- A permanent injunction requiring Defendant to make its Digital Platform accessible.
- Payment of costs of suit and reasonable attorneys’ fees.
- Payment of compensatory and nominal damages.
Jurisdiction & Venue
Jurisdiction is invoked pursuant to 28 U.S.C. § 1331, 28 U.S.C.A. § 1367 and 42 U.S.C. § 12188.
