Plaintiff
- Name: LUC BURBON
- Filing date: January 25, 2019
- State of filing: New York
Defendant
- Name: AMAZING LASH STUDIO FRANCHISE, LLC, and AMAZING GROUP CORPORATION
- Website: www.amazinglashstudio.com
- Industry: Beauty
- Summary: Amazing Lash Studios offers comfortable Light-weight Eyelash Extensions, feels so natural you forget you have them but everyone else notices.
Case Summary
On January 25, 2019, LUC BURBON filed a Complaint in New York Federal court against AMAZING LASH STUDIO FRANCHISE, LLC, and AMAZING GROUP CORPORATION. Plaintiff LUC BURBON alleges that www.amazinglashstudio.com is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
While attempting to navigate the website, the plaintiff encountered multiple accessibility barriers for blind or visually-impaired people that include, but are not limited to:
(1) Lack of alternative text (“alt-text”), or a text equivalent.
(2) Empty links that contain no text causing the function or purpose of the link to not be presented to the user. This can introduce confusion for keyboard and screen-reader users. (
3) Redundant links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users.
(4) Linked images missing alt-text, which causes problems if an image within a link contains no text and that image does not provide alt-text. A screen reader then has no content to present the user as to the function of the link, including information contained in PDFs.
Plaintiff asserts the following cause(s) of action in its Complaint:
- ADA - Section 302(a) of Title III of the ADA, 42 U.S.C. § 12101, et seq
- NYSHRL - N.Y. Exec. Law § 296(2)(a)
- NYSCRL - N.Y. Civil Rights Law § 41
- NYCHRL - N.Y.C. Administrative Code § 8-107(4)(a)
- DECLARATORY RELIEF
Plaintiff seeks the following relief by way of its Complaint:
- A preliminary and permanent injunction to prohibit the 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 the 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 the Defendant own, maintain and/or operate Defendant’s 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 the plaintiff as class representative, and her attorneys as class counsel;
- Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to the plaintiff and the proposed subclasses for violations of their rights under the NYSHRL, NYSCRL, and NYCHRL;
- Pre- and post-judgment interest;
- An award of costs and expenses of this action together with reasonable attorneys’ and expert fees; and
- Such other and further relief as this Court deems just and proper.