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Accessibility.com, LLC

NISBETT v. BENTLEY BRANDS, INC.

Filed September 29, 2020

Plaintiff

  • Name: Kareem Nisbett
  • Filing date: September 29, 2020
  • State of filing: New York

Defendant

  • Name: Bentley Brands, Inc. d/b/a Brian the Pekingese
  • Website: www.brianthepekingese.com
  • Industry: Apparel
  • Summary: Brian the Pekingese is a unique brand of boys 100% organic cotton pajamas.

Case Summary

On September 29, 2020, Kareem Nisbett filed a Complaint in New York Federal court against Bentley Brands, Inc. d/b/a Brian the Pekingese. Plaintiff Kareem Nisbett alleges that www.brianthepekingese.com is not accessible per the WCAG 2.1 accessibility standard(s).

Case Details

Plaintiff alleges issues in its Complaint including the following:

  • Lack of alt-text for images.
  • Document titles are blank.
  • PDFs are not properly tagged making them inaccessible to screen reader users.
  • Tables are not properly labeled with row and column headers.
  • Webpages have no headings

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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