Plaintiff
- Name: Pedro Martinez
- Filing date: June 17, 2019
- State of filing: New York
Defendant
- Name: SkyGroup Investments LLC
- Website: www.Iflyworld.com
- Industry: Entertainment
- Summary: SkyGroup Investments LLC owns and operates the iFly chain of indoor/wind tunnel skydiving retail locations.
Case Summary
On June 17, 2019, Pedro Martinez filed a Complaint in New York Federal court against SkyGroup Investments LLC. Plaintiff Pedro Martinez alleges that www.Iflyworld.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:
- Website functionality not available from a keyboard since Iflyworld.com requires the visual activity of mouse manipulation to complete a purchase.
- Website does not provide help for users to navigate, find content and determine where they are on the website due to Iflyworld.com’s lack of links and headings.
Plaintiff asserts the following cause(s) of action in its Complaint:
- Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
- New York State Human Rights Law
- New York City Human Rights Law
- New York State Civil 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., 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, Soffe.com, into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that Soffe.com is readily accessible to and usable by blind individuals;
- A declaration that Defendant owns, maintains and/or operates its website, Soffe.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 Defendants 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; and
- For such other and further relief which this court deems just and proper.