Plaintiff
- Name: Victor Lopez
- Filing date: March 29, 2019
- State of filing: New York
Defendant
- Name: Thayer Hotel GP, Incorporated
- Website: www.thethayerhotel.com
- Industry: Hotel, Restaurant and Leisure
- Summary: The Thayer Hotel is a 151-room "Historic Hotel of America" property located 50 miles north of New York City on the banks of the Hudson River near West Point.
Case Summary
On March 29, 2019, Victor Lopez filed a Complaint in New York Federal court against Thayer Hotel GP, Incorporated. Plaintiff Victor Lopez alleges that www.thethayerhotel.com is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- During Plaintiff’s visits to the Website, last occurring in March, 2019, Plaintiff was not able to determine from the reservation system on the Website what ADA compliant features, if any, the hotel offers and whether the guest rooms have handicap accessible facilities or communications equipment in the guest rooms suitable to blind or visually-impaired persons.
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 the Americans with Disabilities Act, 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 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 its Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 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 the State and City Sub-Classes 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 and damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class for violations of their civil rights under the New York State Human Rights Law and New York City Law
- 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
