(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 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)   (Violation of 42 U.S.C. §§ 12181, et seq. — Title III of the Americans with Disabilities Act)  (on behalf of Plaintiff and the Class)   22.  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 blind individuals in New  York State who have attempted to access Woktowalk.com and as a result have been denied  access to the enjoyment of goods and services offered in Wok to Walk Restaurants, during the  relevant statutory period.”   23.  There are hundreds of thousands of visually impaired persons in New York State.  There are approximately 8.1 million people in the United States who are visually impaired. Id.  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.   24.  This case arises out of Defendant’s policy and practice of maintaining an  inaccessible website denying blind persons’ access to the goods and services of Woktowalk.com  and Wok to Walk Restaurants. Due to Defendant’s policy and practice of failing to remove access  barriers, blind persons have been and are being denied full and equal access to independently  browse, select and shop on Woktowalk.com and by extension the goods and services offered  through Defendant’s website to Wok to Walk Restaurants.   26.  The claims of the named Plaintiff are typical of those of the class. The class,  similarly to the Plaintiff, are severely visually impaired or otherwise blind, and claim that Wok to  Walk has violated the ADA, and/or the laws of New York by failing to update or remove access  barriers on their website, Woktowalk.com, so it can be independently accessible to the class of  people who are legally blind.   27.  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.   29.  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 visual disabilities throughout the United States.   30.  References to Plaintiff shall be deemed to include the named Plaintiff and each  member of the class, unless otherwise indicated.  31.  Wok to Walk operates Wok to Walk Restaurants, a fresh, nutritious, quick and  flexible Asian cuisine with exotic flavors for every diet operating 3 locations throughout the United  States, all of which are located in the state of New York.   32.  Woktowalk.com is a service and benefit offered by Wok to Walk and Wok to Walk  Restaurants throughout the United States, including New York State. Woktowalk.com is owned,  controlled and/or operated by Wok to Walk, LLC.   33.  Woktowalk.com is a commercial website that offers products and services for  online sale that are available in Wok to Walk restaurant locations. The online store allows the user  to browse menu items, order its selection of wok style noodle, rice and topping options with Wok  to Walk’s specialty sauces such as Bangkok, Shanghai, Hot Asia and many more; learn about the  Wok to Walk’s story, concept and values, find its restaurant locations; and perform a variety of  other functions.   35.  This case arises out of Wok to Walk’s policy and practice of denying the blind  access to Woktowalk.com, including the goods and services offered by Wok to Walk restaurants  through Woktowalk.com. Due to Wok to Walk’s failure and refusal to remove access barriers to  Woktowalk.com, blind individuals have been and are being denied equal access to Wok to Walk  Restaurants, as well as to the numerous goods, services and benefits offered to the public through  Woktowalk.com.   36.  Wok to Walk denies the blind access to goods, services and information made  available through Woktowalk.com by preventing them from freely navigating Woktowalk.com.   37.  The Internet has become a significant source of information for conducting business  and for doing everyday activities such as shopping, banking, etc., for sighted and blind persons.   39.  There are well-established guidelines for making websites accessible to blind  individuals. These guidelines have been in place for at least several years and have been followed  successfully by other large business entities in making their websites accessible. The Web  Accessibility Initiative (WAI), a project of the World Wide Web Consortium which is the leading  standards organization of the Web, has developed guidelines for website accessibility. The federal  government has also promulgated website accessibility standards under Section 508 of the  Rehabilitation Act. These guidelines are readily available via the Internet, so that a business  designing a website can easily access them. These guidelines recommend several basic  components for making websites accessible, including, but not limited to: adding invisible alt-text  to graphics; ensuring that all functions can be performed using a keyboard and not just a mouse;  ensuring that image maps are accessible, and adding headings so that blind people can easily  navigate the site. Without these very basic components a website will be inaccessible to a blind  person using a screen reader.   40.  Woktowalk.com contains access barriers that prevent free and full use by Plaintiff  and blind persons using keyboards and screen reading software. These barriers are pervasive and  include, but are not limited to: lack of alt-text on graphics, inaccessible forms, inaccessible image  maps, the lack of adequate prompting and labeling; the denial of keyboard access; and the  requirement that transactions be performed solely with a mouse.   42.  Similarly, Woktowalk.com lacks accessible image maps. An image map is a  function that combines multiple words and links into one single image to allow user interaction.  Visual details on this single image highlight different "hot spots," which, when clicked on, allow  the user to jump to many different destinations within the website. For an image map to be  accessible, it must contain alt-text for the various "hot spots." The image maps on Woktowalk.com  do not contain adequate alt-text and are therefore inaccessible to Plaintiff and blind individuals.   43.  Woktowalk.com also lacks prompting information and accommodations necessary  to allow blind shoppers who use screen readers to locate and accurately fill-out online forms. On  a shopping site such as Woktowalk.com, these forms include search fields to locate menu items,  fields that specify the number of items desired, and fields used to fill-out personal information,  including address and credit card information. Due to the lack of adequate labeling, Plaintiff and  blind customers cannot easily make purchases or inquiries as to Wok to Walk’s menu items, nor  can they enter their personal identification and financial information with confidence and security.   45.  Woktowalk.com thus contains access barriers that deny full and equal access to  Plaintiff, who would otherwise use Woktowalk.com and who would otherwise be able to fully and  equally enjoy the benefits and services of Wok to Walk restaurants in New York State.   46.  Plaintiff AMANIE RILEY has made numerous attempts to complete a purchase on  Woktowalk.com, most recently in August 2016, but was unable to do so independently because of  the many access barriers on Defendant’s website, causing Woktowalk.com to be inaccessible and  not independently usable by, blind and visually impaired individuals.   48.  As described above, Plaintiff has actual knowledge of the fact that Defendant’s  website, Woktowalk.com contains access barriers causing the website to be inaccessible, and not  independently usable by, blind and visually impaired individuals.   49.  These barriers to access have denied Plaintiff full and equal access to, and  enjoyment of, the goods, benefits and services of Woktowalk.com and Wok to Walk Restaurants.   50.  Wok to Walk engaged in acts of intentional discrimination, including but not  limited to the following policies or practices:   (a)  constructed and maintained a website that is inaccessible to blind 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.   52.  Plaintiff realleges and incorporates by reference the foregoing allegations  as if set forth fully herein.   53.  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).   54.  Wok to Walk Restaurants located in New York State and throughout the United  States are sales establishments and public accommodations within the definition of 42 U.S.C. §  12181(7)(E). Woktowalk.com is a service, privilege or advantage of Wok to Walk Restaurants.  Woktowalk.com is a service that is by and integrated with these restaurants.   55.  Defendant is subject to Title III of the ADA because they own and operate Wok to  Walk Restaurants.   56.  Under Title III of the ADA, 42 U.S.C. § 12182(b)(1)(A)(I) it is unlawful  discrimination to deny individuals with disabilities or a class of individuals with disabilities the  opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages,  or accommodations of an entity.   58.  Specifically, under Title III of the ADA, 42 U.S.C. § 12182(b)(2)(A)(II), unlawful  discrimination includes, among other things, “a failure to make reasonable modifications in  policies, practices, or procedures, when such modifications are necessary to afford such goods,  services, facilities, privileges, advantages, or accommodations to individuals with disabilities,  unless the entity can demonstrate that making such modifications would fundamentally alter the  nature of such goods, services, facilities, privileges, advantages or accommodations.”    59.  In addition, under Title III of the ADA, 42 U.S.C. § 12182(b)(2)(A)(III), unlawful  discrimination also includes, among other things, “a failure to take such steps as may be necessary  to ensure that no individual with a disability is excluded, denied services, segregated or otherwise  treated differently than other individuals because of the absence of auxiliary aids and services,  unless the entity can demonstrate that taking such steps would fundamentally alter the nature of  the good, service, facility, privilege, advantage, or accommodation being offered or would result  in an undue burden.”   60.  There are readily available, well established guidelines on the Internet for making  websites accessible to the blind and visually impaired. These guidelines have been followed by  other large business entities in making their website 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 their website accessible would neither fundamentally  alter the nature of Defendant’s business nor result in an undue burden to Defendant.   62.  Defendant has failed to take any prompt and equitable steps to remedy their  discriminatory conduct. These violations are ongoing.    63.  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 Woktowalk.com and Wok to Walk Restaurants in violation of Title III of the  Americans with Disabilities Act, 42 U.S.C. §§ 12181 et seq. and/or its implementing regulations.   64.  Unless the Court enjoins Defendant from continuing to engage in these unlawful  practices, Plaintiff and members of the proposed class and subclass will continue to suffer irreparable  harm.   65.  The actions of Defendant were and are in violation of the ADA and therefore  Plaintiff invokes her statutory right to injunctive relief to remedy the discrimination.   66.  Plaintiff is also entitled to reasonable attorneys’ fees and costs.     67.  Pursuant to 42 U.S.C. § 12188 and the remedies, procedures, and rights set forth  and incorporated therein Plaintiff prays for judgment as set forth below.  69.  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.”   70.  Wok to Walk Restaurants located in New York State and throughout the United  States are sales establishments and public accommodations within the definition of N.Y. Exec.  Law § 292(9). Woktowalk.com is a service, privilege or advantage of Wok to Walk Restaurants.  Woktowalk.com is a service that is by and integrated with these restaurants.   71.  Defendant is subject to New York Human Rights Law because they own and  operate the Wok to Walk Restaurants and Woktowalk.com. Defendant is a person within the  meaning of N.Y. Exec. Law § 292(1).   72.  Defendant is violating N.Y. Exec. Law § 296(2)(a) in refusing to update or  remove access barriers to Woktowalk.com, causing Woktowalk.com and the services  integrated with Wok to Walk Restaurants to be completely inaccessible to the blind. This  inaccessibility denies blind patrons full and equal access to the facilities, goods and services that  Defendant makes available to the non-disabled public.    74.  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.”   75.  There are readily available, well established guidelines on the Internet for making  websites accessible to the blind and visually impaired. These guidelines have been followed by  other large business entities in making their website 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 their website accessible would neither fundamentally  alter the nature of Defendant’s business nor result in an undue burden to Defendant.   76.  Defendant’s actions constitute willful intentional discrimination against the class  on the basis of a disability in violation of the New York State Human Rights Law, N.Y. Exc. Law  § 296(2) in that Defendant has:   (a)  constructed and maintained a website that is inaccessible to blind 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.   78.  As such, Defendant discriminates, and will continue in the future to discriminate  against Plaintiff and members of the proposed class on the basis of disability in the full and equal  enjoyment of the goods, services, facilities, privileges, advantages, accommodations and/or  opportunities of Woktowalk.com and Wok to Walk Restaurants 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 class will continue to suffer irreparable  harm.   79.  The actions of Defendant were and are in violation of New York State Human  Rights Law and therefore Plaintiff invokes her right to injunctive relief to remedy the  discrimination.   80.  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.   81.  Plaintiff is also entitled to reasonable attorneys’ fees and costs.   82.  Pursuant to N.Y. Exec. Law § 297 and the remedies, procedures, and rights set forth  and incorporated therein Plaintiff prays for judgment as set forth below.   83.  Plaintiff served notice thereof upon the attorney general as required by N.Y.  Civil Rights Law § 41.    85.  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 …”     86.  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”   87.  Wok to Walk Restaurants located in New York State are sales establishments and  public accommodations within the definition of N.Y. Civil Rights Law § 40-c(2).  Woktowalk.com is a service, privilege or advantage of Wok to Walk Restaurants.  Woktowalk.com is a service that is by and integrated with these restaurants.   88.  Defendant is subject to New York Civil Rights Law because they own and operate  Wok to Walk Restaurants and Woktowalk.com. Defendant is a person within the meaning of N.Y.  Civil Law § 40-c(2).   90.  There are readily available, well established guidelines on the Internet for making  websites accessible to the blind and visually impaired. These guidelines have been followed by  other large business entities in making their website 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 their website accessible would neither fundamentally  alter the nature of Defendant’s business nor result in an undue burden to Defendant.   91.  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…”   92.  Specifically, under NY 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 …”   93.  Defendant has failed to take any prompt and equitable steps to remedy their  discriminatory conduct. These violations are ongoing.   95.  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.  96.  Plaintiff realleges and incorporates by reference the foregoing allegations as if set  forth fully herein.   97.  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.”    98.  Wok to Walk Restaurants located in New York State and throughout the United  States are sales establishments and public accommodations within the definition of N.Y.C.  Administrative Code § 8-102(9). Woktowalk.com is a service, privilege or advantage of Wok to  Walk Restaurants. Woktowalk.com is a service that is by and integrated with these restaurants.  