Plaintiff
- Name: Marion Kiler
- Filing date: September 20, 2019
- State of filing: New York
Defendant
- Name: Stylebuy Inc. Gibsonlook LLC
- Website: www.gibsonlook.com
- Industry: Apparel
- Summary: Gibsonlook is a women's clothing retailer.
Case Summary
On September 20, 2019, Marion Kiler filed a Complaint in New York Federal court against Stylebuy Inc. Gibsonlook LLC. Plaintiff Marion Kiler alleges that www.gibsonlook.com is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- lack of alt-text on graphics
- Gibsonlook.com also lacks prompting information and accommodations necessary to allow blind shoppers who use screen-readers to locate and accurately fill-out online forms.
- Lack of accessible drop-down menus
- Lack of accessible image maps
- Plaintiff is unable to locate the shopping cart because the shopping cart form does not specify the purpose of the shopping cart.
- Lack of navigation links
- Gibsonlook.com requires the use of a mouse to complete a transaction.
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 Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., and 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, www.gibsonlook.com, into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that gibsonlook.com is readily accessible to and usable by blind individuals
- A declaration that Defendant owns, maintains and/or operates its website, www.gibsonlook.com, in a manner which 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., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York
- 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 his attorneys as Class Counsel
- An order directing Defendant to continually update and maintain its website to ensure that it remains fully accessible to and usable by the visually-impaired
- 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
- For pre- and post-judgment interest to the extent permitted by law
- For such other and further relief which this court deems just and proper