18.  Xi’an owns and operates fast casual restaurants that serves authentic  Northern Chinese dishes across New York, including locations at 81 St. Mark’s Place,  New York, New York and 24 W. 45th Street, New York, New York at which customers  can purchase Chinese food and beverages.   19.  Xi’an offers its Website to the public and it offers features that should  allow all consumers to access the facilities and services that it offers about its restaurants.    21.  It is, upon information and belief, Xi’an’s policy and practice to deny  Plaintiff Young and other blind or visually-impaired users access to its Website, thereby  denying the facilities and services that are offered and integrated with its restaurants. Due  to its failure and refusal to remove access barriers to its Website, Plaintiff Young and  visually-impaired persons have been and are still being denied equal access to Xi’an’s  restaurants and the numerous facilities, goods, services, and benefits offered to the public  through its Website.   22.  Plaintiff Young cannot use a computer without the assistance of screen- reading software. He is, however, a proficient JAWS screen-reader user and uses it to  access the Internet. He has visited the Website on separate occasions using the JAWS  screen-reader.   25.  Due to the inaccessibility of its Website, blind and visually-impaired  customers such as Plaintiff Young, who need screen-readers, cannot fully and equally use  or enjoy the facilities, goods, and services Xi’an offers to the public on its Website. The  Website’s access barriers that Plaintiff Young encountered have caused a denial of his  full and equal access in the past, and now deter him on a regular basis from accessing the  Website. These access barriers have likewise deterred him from visiting Xi’an’s  restaurants and enjoying them equal to sighted individuals.    26.  If the Website was equally accessible to all, Plaintiff Young could  independently navigate it, view goods and service items, locate Xi’an’s restaurants and  learn their hours of operation, learn about their menu items, and complete a desired  transaction as sighted individuals do.   27.  Through his attempts to use the Website, Plaintiff Young has actual  knowledge of the access barriers that make these services inaccessible and independently  unusable by blind and visually-impaired people.   29.  Xi’an therefore uses standards, criteria or methods of administration that  have the effect of discriminating or perpetuating the discrimination of others, as alleged  herein.   30.  Title III of the ADA expressly contemplates the injunctive relief that  Plaintiff Young seeks under 42 U.S.C. § 12188(a)(2).   32.  Although Xi’an may currently have centralized policies on maintaining  and operating its Website, Xi’an lacks a plan and policy reasonably calculated to make  them fully and equally accessible to, and independently usable by, blind and other  visually impaired consumers.   33.  Without injunctive relief, Plaintiff Young and other visually impaired  consumers will continue to be unable to independently use the Website, violating its  rights.   34.  Xi’an has, upon information and belief, invested substantial sums in  developing and maintaining its Website and has generated significant revenue from the  Website. These amounts are far greater than the associated cost of making its Website  equally accessible to visually impaired customers.   35.  Xi’an has failed to take any prompt and equitable steps to remedy its  discriminatory conduct. These violations are ongoing.  37.  Plaintiff Young seeks to certify a State of New York subclass under Fed.  R. Civ. P. 23(a) and 23(b)(2): all legally blind individuals in the State of New York who  have attempted to access the Website and as a result have been denied access to the equal  enjoyment of goods and services offered in Xi’an’s State of New York physical locations,  during the relevant statutory period (“New York Subclass Members”).   38.  Plaintiff Young seeks to certify a New York City subclass under Fed. R.  Civ. P. 23(a) and 23(b)(2): all legally blind individuals in the City of New York who have  attempted to access the Website and as a result have been denied access to the equal  enjoyment of goods and services offered in Xi’an’s New York City physical locations,  during the relevant statutory period (“New York City Subclass Members”).   40.  Plaintiff Young’s claims are typical of the Class Members, New York  Subclass Members and New York City Subclass Members: they are all severely visually  impaired or otherwise blind, and claim that Xi’an has violated Title III of the ADA,  NYSHRL or NYCHRL by failing to update or remove access barriers on its Website so it  can be independently accessible to the visually impaired individuals.   41.  Plaintiff Young will fairly and adequately represent and protect the Class  and Subclasses’ interests because he has retained and is represented by counsel  competent and experienced in complex class action litigation, and because he has no  interests antagonistic to the Class or Subclasses. Class certification of the claims is  appropriate under Fed. R. Civ. P. 23(b)(2) because Xi’an has acted or refused to act on  grounds generally applicable to the Class and Subclasses, making appropriate both  declaratory and injunctive relief with respect to Plaintiff, the Class and Subclasses.   42.  Alternatively, class certification is appropriate under Fed. R. Civ. P.  23(b)(3) because fact and legal questions common to Class and Subclass Members  predominate over questions affecting only individuals, and because a class action is  superior to other available methods for the fair and efficient adjudication of this litigation.   44.   Plaintiff Young, individually and on behalf of the Class Members, repeats  and realleges every allegation of the preceding paragraphs as if fully set forth herein.   45.  Title III of the ADA prohibits “discriminat[ion] 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.” 42 U.S.C. § 12182(a).   46.  Xi’an’s restaurants are public accommodations within the definition of  Title III of the ADA, 42 U.S.C. § 12181(7). Its Website is a service, privilege, or  advantage of Xi’an’s restaurants. The Website is a service that is integrated with these  locations.   47.  Under Title III of the ADA, it is unlawful discrimination to deny  individuals with disabilities the opportunity to participate in or benefit from the goods,  services, facilities, privileges, advantages, or accommodations of an entity. 42 U.S.C. §  12182(b)(1)(A)(i).   48.  Under Title III of the ADA, it is unlawful discrimination to deny  individuals with disabilities an opportunity to participate in or benefit from the goods,  services, facilities, privileges, advantages, or accommodation, which is equal to the  opportunities afforded to other individuals. 42 U.S.C. § 12182(b)(1)(A)(ii).   50.  These acts violate Title III of the ADA, and the regulations promulgated  thereunder. Plaintiff Young, who is a member of a protected class of persons under Title  III of the ADA, has a physical disability that substantially limits the major life activity of  sight within the meaning of 42 U.S.C. §§ 12102(1)(A)-(2)(A). Furthermore, he has been  denied full and equal access to the Website, has not been provided services that are  provided to other patrons who are not disabled, and has been provided services that are  inferior to the services provided to non-disabled persons.    51.  Under 42 U.S.C. § 12188 and the remedies, procedures, and rights set  forth and incorporated therein, Plaintiff Young requests the relief as set forth below.  52.  Plaintiff Young, individually and on behalf of the New York Subclass  Members, repeats and realleges every allegation of the preceding paragraphs as if fully  set forth herein.   54.  Xi’an’s physical locations are in the State of New York and constitute  sales establishments and public accommodations within the definition of N.Y. Exec. Law  § 292(9). Xi’an’s Website is a service, privilege or advantage of Xi’an. Xi’an’s Website  is a service that is by and integrated with these physical locations.   55.  Xi’an is subject to NYSHRL because it owns and operates its physical  locations and the Website. Xi’an is a “person” within the meaning of N.Y. Exec. Law §  292(1).   56.  Xi’an is violating N.Y. Exec. Law § 296(2)(a) in refusing to update or  remove access barriers to its Website, causing its Website and the services integrated  with its physical locations to be completely inaccessible to the blind. This inaccessibility  denies blind patrons full and equal access to the facilities, goods and services that Xi’an  makes available to the non-disabled public.   57.  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 being offered or  would result in an undue burden.”   59.  Readily available, well-established guidelines exist on the Internet for  making websites accessible to the blind and visually impaired. These guidelines have  been followed by other large business entities and government agencies in making their  websites accessible, including but not limited to: adding alt-text to graphics and ensuring  that all functions can be performed using a keyboard. Incorporating the basic components  to make its Website accessible would neither fundamentally alter the nature of its  business nor result in an undue burden to them.   60.  Xi’an’s actions constitute willful intentional discrimination against the  class because of a disability, violating the NYSHRL, N.Y. Exec. Law § 296(2), in that  Xi’an has:  a.  Constructed and maintained a website that is inaccessible to Class  Members with knowledge of the discrimination; and/or  b.  Constructed and maintained a website that is sufficiently intuitive  and/or obvious that is inaccessible to blind class members; and/or  c.  Failed to take actions to correct these access barriers in the face of  substantial harm and discrimination to blind class members.   62.  As Xi’an’s actions violate the NYSHRL, Plaintiff Young seeks injunctive  relief to remedy the discrimination.   63.  Plaintiff Young is also entitled to compensatory damages, as well as civil  penalties and fines under N.Y. Exec. Law § 297(4)(c) et seq. for every offense.   64.  Plaintiff Young is also entitled to reasonable attorneys’ fees and costs.   65.  Under N.Y. Exec. Law § 297 and the remedies, procedures, and rights set  forth and incorporated therein Plaintiff prays for judgment as set forth below.  66.  Plaintiff Young, individually and on behalf the New York City Subclass  Members, repeats and realleges every allegation of the preceding paragraphs as if fully  set forth herein.   68.  Xi’an’s New York City locations are sales establishments and public  accommodations within the meaning of the NYCHRL, N.Y.C. Admin. Code § 8-102(9),  and its Website is a service that is integrated with its establishments.   69.  Xi’an is subject to NYCHRL because it owns and operates its physical  locations in the City of New York and its Website, making it a person within the meaning  of N.Y.C. Admin. Code § 8-102(1).   70.  Xi’an is violating the NYCHRL in refusing to update or remove access  barriers to Website, causing its Website and the services integrated with its physical  locations to be completely inaccessible to the blind. This inaccessibility denies blind  patrons full and equal access to the facilities, goods, and services that Xi’an makes  available to the non-disabled public.   71.  Xi’an is required to “make reasonable accommodation to the needs of  persons with disabilities . . . any person prohibited by the provisions of [§ 8-107 et seq.]  from discriminating on the basis of disability shall make reasonable accommodation to  enable a person with a disability to . . . enjoy the right or rights in question provided that  the disability is known or should have been known by the covered entity.” N.Y.C.  Admin. Code § 8-107(15)(a).   73.  As such, Xi’an discriminates, and will continue in the future to  discriminate against Plaintiff Young and the New York City Subclass Members because  of disability in the full and equal enjoyment of the goods, services, facilities, privileges,  advantages, accommodations and/or opportunities of its Website and its establishments  under § 8-107(4)(a) and/or its implementing regulations. Unless the Court enjoins Xi’an  from continuing to engage in these unlawful practices, Plaintiff and the New York City  Subclass will continue to suffer irreparable harm.   74.  As Xi’an’s actions violate the NYCHRL, Plaintiff Young seeks injunctive  relief to remedy the discrimination.   75.  Plaintiff Young is also entitled to compensatory damages, as well as civil  penalties and fines for each offense. N.Y.C. Admin. Code §§ 8-120(8), 8-126(a).   76.  Plaintiff Young is also entitled to reasonable attorneys’ fees and costs.   77.  Under N.Y.C. Admin. 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.  79.  An actual controversy has arisen and now exists between the parties in that  Plaintiff Young contends, and is informed and believes that Xi’an denies, that its Website  contains access barriers denying blind customers the full and equal access to the goods,  services and facilities of its Website and by extension its physical locations, which Xi’an  owns, operates and controls, fails to comply with applicable laws including, but not  limited to, Title III of the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq.,  N.Y. Exec. Law § 296, et seq., and N.Y.C. Admin. Code § 8-107, et seq. prohibiting  discrimination against the blind.   80.  A judicial declaration is necessary and appropriate now in order that each  of the parties may know its respective rights and duties and act accordingly.  DECLARATORY RELIEF   VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq.   VIOLATIONS OF THE NYCHRL   VIOLATIONS OF THE NYSHRL   Xi’an, Its Website And Its Website’s Barriers  