Plaintiff
- Name: Thomas J. Olsen
- Filing date: February 25, 2019
- State of filing: New York
Defendant
- Name: Boglioli Retail Corp.
- Website: www.bogliolimilano.com/us_en
- Industry: Apparel
- Summary: Boglioli Retail Corp. sells high-end apparel and accessories at brick and mortar retail stores and via the website.
Case Summary
On February 25, 2019, Thomas J. Olsen filed a Complaint in New York Federal court against Boglioli Retail Corp.. Plaintiff Thomas J. Olsen alleges that www.bogliolimilano.com/us_en is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Lack of alt-text for images. Images are not even detected by the screen reader.
- Document titles are blank.
- Frames do not have a title.
- Some pages have the same title so the title cannot be used to distinguish pages.
- Webpages have duplicate IDs, which cause problems in screen readers.
- Webpages have no headings.
- Webpages have markup errors.
Plaintiff asserts the following cause(s) of action in its Complaint:
-
Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
-
New York State Human Rights Law
-
New York City Human Rights Law
-
Declaratory Relief
Plaintiff seeks the following relief by way of its Complaint:
- A preliminary and permanent injunction to prohibit Boglioli from violating Title III of the ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York;
- A preliminary and permanent injunction requiring Boglioli to take all the steps necessary to make its Website into full compliance with the requirements set forth in Title III of the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
- A declaration that Boglioli owns, maintains and/or operates the Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York
- An order certifying the Class and Subclasses 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, punitive damages and fines;
- Pre- and post-judgment interest;
- An award of costs and expenses of this action together with reasonable attorneys’ and expert fees; and
- Such other and further relief as this Court deems just and proper.
