Plaintiff
- Name: Brian Fischler
- Filing date: June 20, 2019
- State of filing: New York
Defendant
- Name: Stellar IP, LLC
- Website: www.stellarmanagement.com
- Industry: Real Estate
- Summary: Stellar IP, LLC, doing business as Stellar Management, leases residential apartment space in over eighty locations around New York City.
Case Summary
On June 20, 2019, Brian Fischler filed a Complaint in New York Federal court against Stellar IP, LLC. Plaintiff Brian Fischler alleges that www.stellarmanagement.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. For example, images are labeled “15_img4.jpg.”.jpg.”
- Document titles are blank.
- PDFs are not tagged and therefore are inaccessible to screen readers.
- Frames do not have a title.
- PDFs are not tagged and therefore are inaccessible to screen readers.
- Some pages have the same title so the title cannot be used to distinguish pages.
- Form controls have no labels and no programmatically determined
name. - Forms have fields without label elements or title attributes.
- Webpages have duplicate IDs, which causes problems with screen
readers. - Form field labels should be unique on a pages or enclosed in a fieldset with a legend that makes the label unique.
- Webpages have no headings and headings are not nested correctly.
- At least twenty (20) headings are empty.
- Links use general text like “here,” which doesn’t explain the link
purpose. - Several links on a page share the same link text, but go to different
destinations. - 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 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.