Plaintiff
- Name: Brian Fischler
- Filing date: February 21, 2019
- State of filing: New York
Defendant
- Name: EZ Festivals, LLC
- Website: www.electriczoo.com
- Industry: Entertainment
- Summary: EZ Festivals LLC is a concert promotion company putting on music festivals including, Electric Zoo, the festival at issue in this case.
Case Summary
On February 21, 2019, Brian Fischler filed a Complaint in New York Federal court against EZ Festivals, LLC. Plaintiff Brian Fischler alleges that www.electriczoo.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. Images have labels like “venue 04.”
- Webpages have duplicate IDs which cause problems in screen readers.
- Frames do not have title attributes.
- Headings are empty.
- Headings are not nested correctly.
- Several links on a page share the same link text but go to a
different destination. - Links use general text like “here,” which does not explain the
link’s purpose. - 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 Releif
Plaintiff seeks the following relief by way of its Complaint:
- A preliminary and permanent injunction to prohibit Electric Zoofrom 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 Electric Zoo 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 Electric Zoo 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.