Plaintiff
- Name: Eugene Duncan
- Filing date: April 23, 2019
- State of filing: New York
Defendant
- Name: Hudson Group (HG) Retail, LLC
- Website: www.hudsongroup.com
- Industry: Consumer Goods
- Summary: Hudson Group (HG) Retail, LLC owns and operates a number of retail and duty-free stores at airports around the world.
Case Summary
On April 23, 2019, Eugene Duncan filed a Complaint in New York Federal court against Hudson Group (HG) Retail, LLC. Plaintiff Eugene Duncan alleges that www.hudsongroup.com is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
During Plaintiff’s visits to the Website, the last occurring in March, 2019, Plaintiff encountered multiple access barriers that denied Plaintiff full and equal access to the facilities, goods and services offered to the public and made available to the public; and that denied Plaintiff the full enjoyment of the facilities, goods, and services of the Website, as well as to the facilities, goods, and services of Defendant’s physical locations in New York by being unable to learn more information about the Defendant’s retail locations, the ability to discover retail brands, learn information about locations and products available for purchase, obtain customer service information and details, review social media updates and stories, access to gallery of photos and videos and to learn about other important information.
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
- New York State Civil 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. 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 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. 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, all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and subclasses for violations of their civil rights under New York State Human Rights Law and City Law;
- Pre- and post-judgment interest;
- An award of costs and expenses of the action together with
reasonable attorneys’ and expert fees; and - Such other and further relief as this Court deems just and proper.