Cruz v. Rockwell Time, Inc.

This is the last post in a 5-part series where I breakdown cases where website owners have been sued for inaccessibility despite the use of an accessibility overlay or widget.

For more background information on this series, refer to the Walters v. Venum case.

Walters v. Venum Training World, Inc., Case 6:20-cv-00324 in the United States District Court for the Northern District of New York

Williams v. VaporDNA, Case 1:20-cv-02294-JGK in the United States District Court for the Southern District of New York

Fredericka Nellon v. Agri Beef Co., Case 1:20-cv-10595-RGS in the United States District Court for Massachusetts

Ariza v. Carmen Sol FL, LLC, Case 1:20-cv-21262-KMW in the United States District Court for the Southern District of Florida

Cruz v. Rockwell Time, Inc., Case 1:20-cv-01902-LJL in the United States District Court for the Southern District of New York

Law

Title III of the ADA, 42 U.S.C. § 12181, et seq., and 28 U.S.C. § 1332

New York City Human Rights Law, N.Y.C. Admin. Code § 8-101

Website

www.rockwelltime.com

Overlay

Rockwelltime.com has an overlay widget branded as Accessibly by On The Map Marketing.

Here’s a screenshot of RockwellTime.com with the Accessibly toolbar menu open from July 24, 2020:

RockwellTime.com homepage with Accessibly toolbar menu widget open

I checked Archive.org but I didn’t see any archived pages that provide an idea of when this widget was added.

Claims

  • Website lacks alt. text
  • Many features also fail to contain a proper label element or title attribute for each field
  • Many pages also contain the same title elements
  • Broken links

Plaintiff’s Lawyers

Joseph H. Mizrahi of Cohen & Mizrahi LLP

Notes

The claims of inacessibility are written the exact same, word for word, as the complaint filed in Williams vs. VaporDNA by David P. Force of Stein Saks, PLLC.

Maybe there’s a template floating around the circle of law firms filing in Southern District of New York.