Plaintiff
- Name: Joseph GuglielmoToggle
- Filing date: December 6, 2019
- State of filing: New York
Defendant
- Name: Centric Brands Inc.
- Website: www.swims.com
- Industry: Apparel
- Summary: Under the Swims brand name, Centric Brands manufactures and sells machine-washable, antimicrobial sneakers and loafers for children and adults.
Case Summary
On December 6, 2019, Joseph GuglielmoToggle filed a Complaint in New York Federal court against Centric Brands Inc.. Plaintiff Joseph GuglielmoToggle alleges that www.swims.com is not accessible per the WCAG 2.1 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Many features on the Website lack alt. text, which is the invisible code embedded beneath a graphical image.
- Many features on the Website also fail to add a label element or title attribute for each field.
- Many pages on the Website also contain the same title elements.
- The Website also contained a host of broken links, which is a hyperlink to a nonexistent or empty webpage.
Plaintiff asserts the following cause(s) of action in its Complaint:
- Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
- 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. 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 preliminary and permanent injunction requiring Defendant to take all the steps necessary to make the Website reservation system into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website contains the ADA-required information making their hotel and guest rooms accessible to and usable by blind and vision-impaired 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, including 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.