Plaintiff
- Name: Yovanny Dominguez
- Filing date: July 18, 2019
- State of filing: New York
Defendant
- Name: Brush Hollow Inn LLC
- Website: www.vianahotelandspa.com
- Industry: Hotel, Restaurant and Leisure
- Summary: Brush Hollow Inn LLC operates the Viana Hotel & Spa located in Westbury, New York.
Case Summary
On July 18, 2019, Yovanny Dominguez filed a Complaint in New York Federal court against Brush Hollow Inn LLC . Plaintiff Yovanny Dominguez alleges that www.vianahotelandspa.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 Alternative Text (“alt-text”), or a text equivalent.
- Empty Links That Contain No Text causing the function or purpose of the link to not be presented to the user
- Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users
- Linked Images Missing Alt-text, which causes problems if an image within a link contains no text and that image does not provide alt-text
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violations of the ADA, 42 U.S.C. § 1281 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. Administrative 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 preliminary and permanent injunction requiring Defendant to take all the steps necessary to make the Website reservation system into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website contains the ADA-required information making their hotel and guest rooms accessible to and usable by blind and vision-impaired individuals
- A declaration that Defendant owns, maintains and/or operates the Website and the Website reservation system in a manner that discriminates against the blind and vision-impaired and which fails to provide access for persons with disabilities as required by the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York
- An order certifying the Class and 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 damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and subclasses
- Pre- and post-judgment interest
- An award of costs and expenses of the action together with reasonable attorneys’ and expert fees
- Such other and further relief as this Court deems just and proper.
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