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BRAULIO THORNE V. O’HARA MARINE, INC.

Filed February 20, 2019

Plaintiff

  • Name: Braulio Thorne
  • Filing date: February 20, 2019
  • State of filing: New York

Defendant

  • Name: O'Hara Marine, Inc.
  • Website: WWW.CANDLEWOODEAST.COM
  • Industry: Entertainment
  • Summary: O'Hara Marina owns and operates Candlewood East Marina, a retail seller of new and used personal boats and watercraft.

Case Summary

On February 20, 2019, Braulio Thorne filed a Complaint in New York Federal court against O'Hara Marine, Inc.. Plaintiff Braulio Thorne alleges that WWW.CANDLEWOODEAST.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; and
  • 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:

  • 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 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 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; and
  • Such other and further relief as this Court deems just and proper. 

 

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