Plaintiff
- Name: MARION KILER
- Filing date: March 21, 2018
- State of filing: New York
Defendant
- Name: AI MEDICAL URGENT CARE PLLC d/b/a FIRST RESPONSE URGENT CARE
- Website: www.firstresponseurgentcare.com
- Industry: Medical
- Summary: First Response Urgent Care is a medical facility in Brooklyn, New York.
Case Summary
On March 21, 2018, MARION KILER filed a Complaint in New York State court against AI MEDICAL URGENT CARE PLLC d/b/a FIRST RESPONSE URGENT CARE. Plaintiff MARION KILER alleges that www.firstresponseurgentcare.com is not accessible per the WCAG 2.0, Section 508 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
This case arises out of Defendant’s policy and practice of denying the blind access to the Website, including the services offered by Defendant through the Website. Due to Defendant’s failure and refusal to remove access barriers to the Website, blind individuals have been and are being denied equal access to the Medical Office, as well as to the numerous services and benefits offered to the public through the Website.
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violation of 42 U.S.C. §§ 12181, et seq. — Title III of the Americans with Disabilities Act
- Violation of New York State Human Rights Law, N.Y. Exec. Law, Article 15 (Executive Law § 292 et seq.
- Violation of New York State Civil Rights Law, NY CLS Civ R, Article 4 (CLS Civ R § 40 et seq.)
- Violation of New York City Human Rights Law, N.Y.C. Administrative Code § 8-102, et seq.
- Declaratory Relief
Plaintiff seeks the following relief by way of its Complaint:
- A preliminary and permanent injunction to prohibit Defendant from violating the 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, the Website, into full compliance with the requirements set forth in the WCAG 2 Guideline 2.4.1, 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, the Website, in a manner which discriminates against the blind and which fails to provide access for persons with disabilities as required by N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York; (d) An order certifying this case as a class action under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and her attorneys as Class Counsel;
- Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff and the proposed class for violations of their civil rights under New York State Human Rights Law and City Law;
- Plaintiff’s reasonable attorneys’ fees, expenses, and costs of suit as provided by state and federal law;