Young v. America Ulike International Inc.

Background

Leshawn Young brought the action on behalf of herself and other similarly situated people. She alleged that America Ulike International Inc.’s website was not fully accessible to people with disabilities. The complaint asserted claims under Title III of the Americans with Disabilities Act, the New York State Human Rights Law, the New York State Civil Rights Law, the New York City Human Rights Law, and New York General Business Law § 349.

America Ulike denied that its website violated federal, state, or local law and denied wrongdoing or liability. The parties agreed to resolve all issues without a trial or further litigation. The decree states that it is entered for settlement purposes only and is not an admission or finding of liability.

Consent Decree Terms

The decree lasts for the earlier of 36 months after its effective date or the date on which the United States Department of Justice adopts later compliance deadlines for websites under Title III of the Americans with Disabilities Act. During that period, America Ulike must not deny people with disabilities the opportunity to participate in or benefit from goods, services, privileges, advantages, and accommodations provided through the website. It must also use reasonable efforts to provide equal access and avoid excluding or treating people differently because auxiliary aids or services are absent.

Within 24 months of the effective date, to the extent not already completed, America Ulike must modify the website as needed to substantially comply with the Web Content Accessibility Guidelines 2.1 Level AA standards, to the extent readily feasible or achievable, so that the website is accessible to people with vision disabilities. The decree excludes certain third-party content, user-generated content, advertisements, websites, and applications that America Ulike does not develop, own, operate, prepare, or control. It also does not require narrative descriptions for videos.

The decree defines “reasonable efforts” in a way that does not require an undue burden or a fundamental alteration in the website’s operation. If America Ulike cannot achieve substantial compliance despite reasonable efforts, it is treated as having satisfied its remediation obligations. An independent accessibility consultant must determine that an item cannot be used by a person with a disability who has average screen-reader competency before America Ulike can be found in breach for that item. America Ulike then receives at least 120 days to attempt to remedy the issue using reasonable efforts, unless the parties agree to more time.

Enforcement and Scope

The decree establishes written-notice and cure procedures for alleged breaches. The alleged breaching party generally has 60 days to respond, subject to agreed extensions. If the dispute is not resolved, the party alleging the breach may ask the court to enforce the decree. The court may award reasonable attorney’s fees and costs to the prevailing party in an enforcement action.

People with vision disabilities covered by the Americans with Disabilities Act, including people who use screen readers to access the website, are intended third-party beneficiaries. The decree states that it does not bind members of the proposed class because no class was certified. During the decree’s term, however, the court enjoined the filing of other lawsuits alleging similar website-accessibility issues under federal or similar state laws.

Court’s Action

Judge Vernon S. Broderick found that the court had jurisdiction, that the decree was binding on the parties, and that the court would retain jurisdiction for 36 months. Relying on its authority to protect its jurisdiction, the court concluded that other similar website-accessibility litigation could interfere with the decree and its enforcement. The court approved the consent decree, adopted it, and made it an order of the court. The decree states that it adjudicates the claims and related issues for purposes of the settlement, but the court did not make a finding that America Ulike violated any law.