(Violation of New York State Civil Rights Law, NY CLS Civ R,  Article 4 (CLS Civ R § 40 et seq.)  (on behalf of Plaintiff and New York subclass)   (Violation of 42 U.S.C. §§ 12181, et seq. — Title III of the Americans with Disabilities Act)  (on behalf of Plaintiff and the Class)   (Violation of New York State Human Rights Law, N.Y. Exec. Law,  Article 15 (Executive Law § 292 et seq.)  (on behalf of Plaintiff and New York subclass)   (Violation of New York City Human Rights Law,  N.Y.C. Administrative Code § 8-102, et seq.)  (on behalf of Plaintiff and New York subclass)   19.  Plaintiff seeks certification of the following New York subclass pursuant to  Fed.R.Civ.P. 23(a), 23(b)(2), and, alternatively, 23(b)(3): “all legally deaf and hard of hearing  individuals in New York State who have attempted to access Bizjournals.com and as a result  have been denied access to the enjoyment of goods and services offered by Bizjournals.com,  during the relevant statutory period.”   20.  There are hundreds of thousands of deaf or hard of hearing individuals in New  York State. There are approximately 36 million people in the United States who are deaf or hard  of hearing. Thus, the persons in the class are so numerous that joinder of all such persons is  impractical and the disposition of their claims in a class action is a benefit to the parties and to  the Court.   21.  This case arises out of Defendant’s policy and practice of maintaining an  inaccessible website denying deaf and hard of hearing persons access to the goods and services  of Bizjournals.com. Due to Defendant’s policy and practice of failing to remove access barriers,  deaf and hard of hearing persons have been and are being denied full and equal access to  independently browse and watch videos on Bizjournals.com.   23.  The claims of the named Plaintiff are typical of those of the class. The class,  similarly to the Plaintiff, are deaf or hard of hearing, and claim that New York Business Journal  has violated the ADA, and/or the laws of New York by failing to update or remove access  barriers on the website, Bizjournals.com, so it can be independently accessible to the class of  people who are legally deaf or hard of hearing.   24.  Plaintiff will fairly and adequately represent and protect the interests of the  members of the Class because Plaintiff has retained and is represented by counsel competent and  experienced in complex class action litigation, and because Plaintiff has no interests antagonistic  to the members of the class. Class certification of the claims is appropriate pursuant to Fed. R.  Civ P. 23(b)(2) because Defendant has acted or refused to act on grounds generally applicable to  the Class, making appropriate both declaratory and injunctive relief with respect to Plaintiff and  the Class as a whole.   26.  Judicial economy will be served by maintenance of this lawsuit as a class action in  that it is likely to avoid the burden that would be otherwise placed upon the judicial system by  the filing of numerous similar suits by people with hearing disabilities throughout the United  States.   27.  References to Plaintiff shall be deemed to include the named Plaintiff and each  member of the class, unless otherwise indicated.  28.  New York Business Journal operates Bizjournals.com, a leading news media  company delivering news, fashion and entertainment to hundreds of millions of people across the  United States. New York Business Journal is one of the most popular video websites in the  world.    29.  Bizjournals.com is a service and benefit offered by New York Business Journal  throughout the United States, including New York State. Bizjournals.com is owned, controlled  and/or operated by Defendant.   30.  Bizjournals.com allows the user to browse news, entertainment and videos. New  York Business Journal Video Channel covers a variety of topics such as business, art, politics  and health and science. New York Business Journal’s videos are available with the click of a  mouse and are played through the internet on one’s computer, cell phone and other electronic  devices.   32.  New York Business Journal denies the deaf and hard of hearing access to goods,  services and information made available through Bizjournals.com by preventing them from  freely navigating Bizjournals.com.   33.  The Internet has become a significant source of information for conducting  business and for doing everyday activities such as shopping, banking, etc., for deaf and hard of  hearing persons.   34.  The deaf and hard of hearing access videos through closed captioning, which is a  transcription or translation of the audio portion of a video as it occurs, sometimes including  description of non-speech elements. Except for a deaf or hard of hearing person whose residual  hearing is still sufficient to apprehend the audio portion of the video, closed captioning provides  the only method by which a deaf or hard of hearing person can independently access the video.  Unless websites are designed to allow for use in this manner, deaf and hard of hearing persons  are unable to fully access the service provided through the video on New York Business  Journal’s website.   35.  Bizjournals.com contains access barriers that prevent free and full use by Plaintiff  and other deaf or hard of hearing persons.    37.  Bizjournals.com thus contains access barriers which deny full and equal access to  Plaintiff, who would otherwise use Bizjournals.com and who would otherwise be able to fully  and equally enjoy the benefits and services of Bizjournals.com in New York State.   38.  Plaintiff PHILLIP SULLIVAN JR. attempted to watch the video “Cohn Says  Alternative Minimum Tax Will Be Repealed.” on Bizjournals.com in April 2017, but was unable  to do so independently because of the lack of closed captioning on Defendant’s website, causing  Bizjournals.com to be inaccessible and not independently usable by, deaf and hard of hearing  individuals.    39.  As described above, Plaintiff has actual knowledge of the fact that Defendant’s  website, Bizjournals.com contains access barriers causing the website to be inaccessible, and not  independently usable by, deaf and hard of hearing individuals.   40.  These barriers to access have denied Plaintiff full and equal access to, and  enjoyment of, the goods, benefits and services of Bizjournals.com and Bizjournals.com.   42.  New York Business Journal utilizes standards, criteria or methods of  administration that have the effect of discriminating or perpetuating the discrimination of others.  43.  Plaintiff realleges and incorporates by reference the foregoing  allegations as if set forth fully herein.   44.  Title III of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12182(a),  provides that “No individual shall be discriminated against on the basis of disability in the full  and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations  of any place of public accommodation by any person who owns, leases (or leases to), or operates a  place of public accommodation.” Title III also prohibits an entity from “[u]tilizing standards or  criteria or methods of administration that have the effect of discriminating on the basis of  disability.” 42 U.S.C. § 12181(b)(2)(D)(I).   45.  Defendant New York Business Journal operates a place of public accommodation  as defined by Title III of ADA, 42 U.S.C. § 12181(7) (“place of exhibition and entertainment,”  “place of recreation,” and “service establishments”).    46.  New York Business Journal has failed to make its videos accessible to  individuals who are deaf or hard of hearing by failing to provide closed captioning for videos  displayed on its website.    48.  Discrimination specifically includes the failure to provide “effective  communication” to deaf and hard of hearing individuals through auxiliary aids and services, such  as captioning, pursuant to 42 U.S.C. § 12182(b)(1)(A)(III); 28 C.F.R. § 36.303(C).   49.  Discrimination also includes the failure to maintain accessible features of facilities  and equipment that are required to be readily accessible to and usable by persons with disability.  62.  Plaintiff realleges and incorporates by reference the foregoing allegations as  though fully set forth herein.   63.  N.Y. Exec. Law § 296(2)(a) provides that it is “an unlawful discriminatory  practice for any person, being the owner, lessee, proprietor, manager, superintendent,  agent or employee of any place of public accommodation … because of the …  disability of any person, directly or indirectly, to refuse, withhold from or deny to such  person any of the accommodations, advantages, facilities or privileges thereof.”   64.  Defendant New York Business Journal operates a place of public accommodation  as defined by N.Y. Exec. Law § 292(9).    65.  Defendant is subject to New York Human Rights Law because they own and  operate Bizjournals.com. Defendant is a person within the meaning of N.Y. Exec. Law §  292(1).   67.  Specifically, under N.Y. Exec. Law § 296(2)(c)(I), unlawful discriminatory  practice includes, among other things, “a refusal to make reasonable modifications in  policies, practices, or procedures, when such modifications are necessary to afford  facilities, privileges, advantages or accommodations to individuals with disabilities, unless  such person can demonstrate that making such modifications would fundamentally alter  the nature of such facilities, privileges, advantages or accommodations.”   68.  In addition, under N.Y. Exec. Law § 296(2)(c)(II), unlawful discriminatory  practice also includes, “a refusal to take such steps as may be necessary to ensure that no  individual with a disability is excluded or denied services because of the absence of  auxiliary aids and services, unless such person can demonstrate that taking such steps  would fundamentally alter the nature of the facility, privilege, advantage or  accommodation being offered or would result in an undue burden.”   70.  Defendant has failed to take any prompt and equitable steps to remedy their  discriminatory conduct. These violations are ongoing.   71.  As such, Defendant discriminates, and will continue in the future to discriminate  against Plaintiff and members of the proposed class and subclass on the basis of disability in the full  and equal enjoyment of the goods, services, facilities, privileges, advantages, accommodations  and/or opportunities of Bizjournals.com under § 296(2) et seq. and/or its implementing  regulations. Unless the Court enjoins Defendant from continuing to engage in these unlawful  practices, Plaintiff and members of the subclass will continue to suffer irreparable harm.   72.  The actions of Defendant were and are in violation of New York State Human  Rights Law and therefore Plaintiff invokes his right to injunctive relief to remedy the  discrimination.   73.  Plaintiff is also entitled to compensatory damages, as well as civil penalties and  fines pursuant to N.Y. Exc. Law § 297(4)(c) et seq. for each and every offense.   74.  Plaintiff is also entitled to reasonable attorneys’ fees and costs.   76.  Plaintiff served notice thereof upon the attorney general as required by N.Y.  Civil Rights Law § 41.    77.  Plaintiff realleges and incorporates by reference the foregoing allegations as  though fully set forth herein.   78.  N.Y. Civil Rights Law § 40 provides that “all persons within the jurisdiction  of this state shall be entitled to the full and equal accommodations, advantages, facilities and  privileges of any places of public accommodations, resort or amusement, subject only to the  conditions and limitations established by law and applicable alike to all persons. No persons,  being the owner, lessee, proprietor, manager, superintendent, agent, or employee of any such  place shall directly or indirectly refuse, withhold from, or deny to any person any of the  accommodations, advantages, facilities and privileges thereof …”     79.  N.Y. Civil Rights Law § 40-c(2) provides that “no person because of …  disability, as such term is defined in section two hundred ninety-two of executive law,  be subjected to any discrimination in his or her civil rights, or to any harassment, as  defined in section 240.25 of the penal law, in the exercise thereof, by any other person  or by any firm, corporation or institution, or by the state or any agency or subdivision”   80.  Bizjournals.com is a public accommodations within the definition of N.Y.  Civil Rights Law § 40-c(2).    82.  Defendant is violating N.Y. Civil Rights Law § 40-c(2) in refusing to update or  remove access barriers to Bizjournals.com, causing videos on Bizjournals.com to be  completely inaccessible to the deaf and hard of hearing. This inaccessibility denies deaf and  hard of hearing patrons full and equal access to the goods and services that Defendant makes  available to the non-disabled public.    83.  In addition, N.Y. Civil Rights Law § 41 states that “any corporation which  shall violate any of the provisions of sections forty, forty-a, forty-b or forty two … shall  for each and every violation thereof be liable to a penalty of not less than one hundred  dollars nor more than five hundred dollars, to be recovered by the person aggrieved  thereby…”   84.  Specifically, under N.Y. Civil Rights Law § 40-d, “any person who shall violate  any of the provisions of the foregoing section, or subdivision three of section 240.30 or section  240.31 of the penal law, or who shall aid or incite the violation of any of said provisions shall for  each and every violation thereof be liable to a penalty of not less than one hundred dollars nor  more than five hundred dollars, to be recovered by the person aggrieved thereby in any court of  competent jurisdiction in the county in which the defendant shall reside …”   85.  Defendant has failed to take any prompt and equitable steps to remedy their  discriminatory conduct. These violations are ongoing.   87.  Plaintiff is entitled to compensatory damages of five hundred dollars per instance,  as well as civil penalties and fines pursuant to N.Y. Civil Law § 40 et seq. for each and every  offense.  88.  Plaintiff realleges and incorporates by reference the foregoing allegations as if  set forth fully herein.   89.  N.Y.C. Administrative Code § 8-107(4)(a) provides that “It shall be an  unlawful discriminatory practice for any person, being the owner, lessee, proprietor, manager,  superintendent, agent or employee of any place or provider of public accommodation, because  of … disability … directly or indirectly, to refuse, withhold from or deny to such person, any  of the accommodations, advantages, facilities or privileges thereof.”    90.  Bizjournals.com is a public accommodation within the definition of N.Y.C.  Administrative Code § 8-102(9).    91.  Defendant is subject to City Law because they own and operate   Bizjournals.com. Defendant is a person within the meaning of N.Y.C. Administrative Code § 8- 102(1).   93.  Defendant’s actions constitute willful intentional discrimination against the class  on the basis of a disability in violation of the N.Y.C. Administrative Code § 8-107(4)(a) and § 8- 107(15)(a) in that Defendant has:   (d)  constructed and maintained a website that is inaccessible to deaf and hard  of hearing class members with knowledge of the discrimination; and/or  (e)  constructed and maintained a website that is sufficiently intuitive and/or  obvious that is inaccessible to deaf and hard of hearing class members;  and/or  (f)  failed to take actions to correct these access barriers in the face of  substantial harm and discrimination to deaf and hard of hearing class  members.   94.  Defendant has failed to take any prompt and equitable steps to remedy their  discriminatory conduct. These violations are ongoing.   96.  The actions of Defendant were and are in violation of City law and therefore  Plaintiff invokes his right to injunctive relief to remedy the discrimination.   97.  Plaintiff is also entitled to compensatory damages, as well as civil penalties and  fines under N.Y.C. Administrative Code § 8-120(8) and § 8-126(a) for each offense.   98.  Plaintiff is also entitled to reasonable attorneys’ fees and costs.   99.  Pursuant to N.Y.C. Administrative Code § 8-120 and § 8-126 and the remedies,  procedures, and rights set forth and incorporated therein Plaintiff prays for judgment as set forth  below. 