OLSEN v. WINNRESIDENTIAL (NY), LLC

    Plaintiff

    • Name: Thomas J. Olsen
    • Filing date: April 30, 2019
    • State of filing: New York

    Defendant

    • Name: WinnResidential (NY), LLC
    • Website: www.diegobeekman.com
    • Industry: Real Estate
    • Summary: WinnResidential is the property management division of WinnCompanies, a commercial real estate company. Among its properties is the Diego Beekman building in Bronx, NY.

    Case Summary

    On April 30, 2019, Thomas J. Olsen filed a Complaint in New York Federal court against WinnResidential (NY), LLC. Plaintiff Thomas J. Olsen alleges that www.diegobeekman.com 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
    • Fieldset elements are not labeled with legend elements
    • Documents do not have a title
    • 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 markup errors
    • Radio button groups are not contained in a fieldset element
    • Radio buttons with very generic labels are not enclosed in a fieldset with a legend explaining the label
    • Links use general text like “click here” which does not explain the link’s purpose
    • Several links on a page share the same link text but go to different destinations

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

    • VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq.
    • VIOLATIONS OF THE NYSHRL
    • VIOLATIONS OF THE NYCHRL
    • DECLARATORY RELIEF

    Plaintiff seeks the following relief by way of its Complaint:

    • A preliminary and permanent injunction to prohibit Defendant 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 Defendant 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 Defendant 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
    • Such other and further relief as this Court deems just and proper

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