Plaintiff
- Name: John Panarese Cheryl Thurston
- Filing date: July 5, 2019
- State of filing: New York
Defendant
- Name: Museum of Modern Art
- Website: store.moma.com
- Industry: Hotel, Restaurant and Leisure
- Summary: The Museum of Modern Art is an art museum located in Midtown Manhattan
Case Summary
On July 5, 2019, John Panarese Cheryl Thurston filed a Complaint in New York Federal court against Museum of Modern Art. Plaintiff John Panarese Cheryl Thurston alleges that store.moma.com is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Missing alternative text which presents a problem because an image without alternative text results in an empty link.
- Empty or missing form labels
- 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
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violations of the ADA
- Violations of the NYSHRL
- Violations of the Unruh Civil Rights Act
Plaintiff seeks the following relief by way of its Complaint:
- For a judgment that Defendant violated Plaintiffs’ rights under the ADA, 42 U.S.C. § 12181 et seq., Plaintiff Panarese’s rights under NYSHRL, N.Y. Exec. Law § 296, et seq., and Plaintiff Thurston’s rights under the Unruh Civil Rights Act, Cal. Civ. Code § 51 et seq.
- For a preliminary and permanent injunction requiring Defendant to take the steps necessary to make the Website, shop.moma.com, readily accessible to and usable by visuallyimpaired individuals
- For compensatory and/or statutory damages as permitted by law
- For Plaintiffs’ reasonable attorneys’ fees and court costs
- For pre-judgment interest to the extent permitted by law
- For such other and further relief as the Court deems just and proper.