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FISCHLER v. TWO NINE SPORTS, INC.

Filed December 28, 2020

Plaintiff

  • Name: Brian Fischler
  • Filing date: December 28, 2020
  • State of filing: New York

Defendant

  • Name: Two Nine Sports, Inc.
  • Website: www.stathero.com
  • Industry: Entertainment
  • Summary: Two Nine Sports, Inc. owns and operates Stat Hero, an online and app-supported fantasy football platform.

Case Summary

On December 28, 2020, Brian Fischler filed a Complaint in New York Federal court against Two Nine Sports, Inc.. Plaintiff Brian Fischler alleges that www.stathero.com is not accessible per the WCAG 2.1 accessibility standard(s).

Case Details

Plaintiff alleges issues in its Complaint including the following:

  • Identify row and column headings in data tables.
  • Lack of alt-text for images.
  • Pages have duplicate IDs, which cause problems in screen readers. For example: https://stathero.com/nascar https://stathero.com/nba/ https://stathero.com/pga/
  • Tables are not labeled with row and column headers.
  • Headings are empty.
  • Links on a same page share the same link text but go to different destinations. For example: Link text: MLB NFL NBA NBA MLB https://stathero.com/; Link text: MLB NFL NBA NBA MLB ; https://stathero.com/25- percent/; Link text: MLB NFL NBA NBA MLB; and https://stathero.com/about-stathero.
  • Links use general text like “click here” with no surrounding text explaining the link purpose.
  • Frames do not have a title.
  • Button elements are empty and have no programmatically determined name.
  • Forms have fields without label elements or title attributes.
  • Webpages have duplicate IDs, which cause problems with screen-readers.
  • No site map exists.

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

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