Plaintiff
- Name: Stacey Mercer
- Filing date: September 6, 2019
- State of filing: New York
Defendant
- Name: Marlena Mazzei d/b/a Moonlite Motel
- Website: www.moonliteniagarafalls.com
- Industry: Hotel, Restaurant and Leisure
- Summary: The Moonlite Motel is a seasonal property on the American side of Niagara Falls
Case Summary
On September 6, 2019, Stacey Mercer filed a Complaint in New York Federal court against Marlena Mazzei d/b/a Moonlite Motel . Plaintiff Stacey Mercer alleges that www.moonliteniagarafalls.com is not accessible.
Case Details
Plaintiff alleges issues in its Complaint including the following:
- The Website’s homepage fails to disclose any information on the Hotel’s ADA compliance or accessibility.
- No information is disclosed that any room is ADA compliant or that any has true accessible features, especially as to bathing facilities
- Hotel does not provide sufficient information on the Hotel’s accessibility features to allow a disabled person to make a determination whether the Hotel’s facilities can meet his/her accessibility needs.
- Accessible rooms cannot be booked online
Plaintiff asserts the following cause(s) of action in its Complaint:
- VIOLATION OF THE AMERICANS WITH DISABILITIES ACT
- VIOLATIONS OF THE NEW YORK STATE HUMAN RIGHTS LAW
Plaintiff seeks the following relief by way of its Complaint:
- A declaration that the Website (and other online reservation platforms, as applicable) is owned, leased, operated, and/or controlled by Defendant is in violation of the ADA, NYSHRL, and/or NYCHRL
- Temporary and permanent injunctive relief enjoining Defendant from continuing its discriminatory practices, including the requirement that Defendant permanently implement policies, practices, procedures, including online content, consistent with the mandates of the 2010 ADAAG Standards on its Website (and other online reservation platforms, as applicable)
- Temporary and permanent injunctive relief enjoining Defendant from maintaining or controlling content on any website through which it is offering online reservations for any hotel that it owns or operates, unless such website and online reservation system fully comply with 28 C.F.R. §36.302(e)(l)
- An award of reasonable attorneys’ fees, costs, disbursements and other expenses associated with this action, in favor of Plaintiff
- An award of compensatory damages deemed just and appropriate pursuant to NYSHRL and NYCHRL, to Plaintiff
- Such other and further relief as this Court deems just, necessary and appropriate under the circumstances.