17.  Maison Kayser owns and operates bakery-restaurants throughout the  United States, including locations at 355 Greenwich Street, New York, New York and  326 Bleecker Street, New York, New York. It sells, at these bakery-restaurants, eggs,  bread, pastries, coffee, desserts, coffee, salads, tartines, sandwiches, beverages and other  similar items.   18.  Maison Kayser 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  bakery-restaurants.    19.  Maison Kayser’s Website is heavily integrated with its bakery-restaurants,  serving as a gateway to those locations. Through the Website, Maison Kayser’s  customers are, inter alia, able to: find information about the bakery-restaurants’ locations  and hours of operation; learn about the menu items, including its ingredients; and learn  about Maison Kayser’s philosophy.    21.  Plaintiff Fischler cannot use a computer without the assistance of screen- reading software. He is, however, a proficient screen-reader user and uses it to access the  Internet. He has visited the Website on separate occasions using screen-reading software.   22.  During his visits to the Website, the last occurring on or about January 23,  2018, Plaintiff Fischler encountered multiple access barriers that denied him full and  equal access to the facilities and services offered to the public and made available to the  public; and that denied him the full enjoyment of the facilities, goods, and services of the  Website, as well as to the facilities, goods, and services of Maison Kayser’s bakery- restaurants in New York. Because of these barriers he was unable to: find information  about the bakery-restaurants’ locations and hours of operation; learn about the menu  items, including its ingredients; and learn about Maison Kayser’s philosophy. Of prior  websites he has attempted to browse, Plaintiff Fischler found this Website to be arguably  the worst one.   25.  If the Website was equally accessible to all, Plaintiff Fischler could  independently navigate it, view goods and service items, locate Maison Kayser’s bakery- restaurants and learn their hours of operation, learn about the menu items and complete a  desired transaction as sighted individuals do.   26.  Through his attempts to use the Website, Plaintiff Fischler has actual  knowledge of the access barriers that make these services inaccessible and independently  unusable by blind and visually-impaired people.    28.  Maison Kayser therefore uses standards, criteria or methods of  administration that have the effect of discriminating or perpetuating the discrimination of  others, as alleged herein.   29.  Title III of the ADA expressly contemplates the injunctive relief that  Plaintiff Fischler seeks under 42 U.S.C. § 12188(a)(2).   31.  Although Maison Kayser may currently have centralized policies on  maintaining and operating its Website, Maison Kayser 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.   32.  Without injunctive relief, Plaintiff Fischler and other visually impaired  consumers will continue to be unable to independently use the Website, violating its  rights.   33.  Maison Kayser 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.   34.  Maison Kayser has failed to take any prompt and equitable steps to  remedy its discriminatory conduct. These violations are ongoing.  35.  Plaintiff Fischler seeks to certify a nationwide class under Fed. R. Civ. P.  23(a) and 23(b)(2): all legally blind individuals in the United States who have attempted  to access Maison Kayser’s Website and as a result have been denied access to the equal  enjoyment of goods and services offered in Maison Kayser’s bakery-restaurants, during  the relevant statutory period (“Class Members”).   37.  Plaintiff Fischler 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 Maison Kayser’s New York City bakery- restaurants, during the relevant statutory period (“New York City Subclass Members”).   39.  Plaintiff Fischler’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 Maison Kayser 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.   40.  Plaintiff Fischler 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 Maison Kayser 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.   41.  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.   43.   Plaintiff Fischler, individually and on behalf of the Class Members,  repeats and realleges every allegation of the preceding paragraphs as if fully set forth  herein.   44.  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).   45.  Maison Kayser’s bakery-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 Maison Kayser’s bakery-restaurants. The Website is a service  that is integrated with these locations.   46.  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).   47.  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).   49.  These acts violate Title III of the ADA, and the regulations promulgated  thereunder. Plaintiff Fischler, 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.    50.  Under 42 U.S.C. § 12188 and the remedies, procedures, and rights set  forth and incorporated therein, Plaintiff Fischler requests the relief as set forth below.  51.  Plaintiff Fischler, 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.   53.  Maison Kayser’s State of New York bakery-restaurants constitute sales  establishments and public accommodations within the definition of N.Y. Exec. Law §  292(9). Maison Kayser’s Website is a service, privilege or advantage of Maison Kayser.  Maison Kayser’s Website is a service that is by and integrated with these bakery- restaurants.   54.  Maison Kayser is subject to NYSHRL because it owns and operates its  bakery-restaurants and the Website. Maison Kayser is a “person” within the meaning of  N.Y. Exec. Law § 292(1).   55.  Maison Kayser 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 bakery-restaurants to be completely inaccessible to the blind. This  inaccessibility denies blind patrons full and equal access to the facilities, goods and  services that Maison Kayser makes available to the non-disabled public.   57.  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.”    58.  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.  Maison Kayser discriminates, and will continue in the future to  discriminate against Plaintiff Fischler and New York Subclass Members on the basis of  disability in the full and equal enjoyment of the goods, services, facilities, privileges,  advantages, accommodations and/or opportunities of Maison Kayser’s Website and its  bakery-restaurants under § 296(2) et seq. and/or its implementing regulations. Unless the  Court enjoins Maison Kayser from continuing to engage in these unlawful practices,  Plaintiff and the New York Subclass Members will continue to suffer irreparable harm.   61.  As Maison Kayser’s actions violate the NYSHRL, Plaintiff Fischler seeks  injunctive relief to remedy the discrimination.   62.  Plaintiff Fischler 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.   63.  Plaintiff Fischler is also entitled to reasonable attorneys’ fees and costs.   64.  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.  65.  Plaintiff Fischler, 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.   67.  Maison Kayser’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.   68.  Maison Kayser is subject to NYCHRL because it owns and operates its  bakery-restaurants 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).   69.  Maison Kayser is violating the NYCHRL in refusing to update or remove  access barriers to Website, causing its Website and the services integrated with its  bakery-restaurants to be completely inaccessible to the blind. This inaccessibility denies  blind patrons full and equal access to the facilities, goods, and services that Maison  Kayser makes available to the non-disabled public.   70.  Maison Kayser 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).   72.  As such, Maison Kayser discriminates, and will continue in the future to  discriminate against Plaintiff Fischler 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 Maison  Kayser from continuing to engage in these unlawful practices, Plaintiff and the New York  City Subclass will continue to suffer irreparable harm.   73.  As Maison Kayser’s actions violate the NYCHRL, Plaintiff Fischler seeks  injunctive relief to remedy the discrimination.   74.  Plaintiff Fischler 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).   75.  Plaintiff Fischler is also entitled to reasonable attorneys’ fees and costs.   77.  Plaintiff Fischler, individually and on behalf the Class Members, repeats  and realleges every allegation of the preceding paragraphs as if fully set forth herein.   78.  An actual controversy has arisen and now exists between the parties in that  Plaintiff Fischler contends, and is informed and believes that Maison Kayser 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 bakery-restaurants,  which Maison Kayser 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.   79.  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   Maison Kayser, Its Website And Its Website’s Barriers   VIOLATIONS OF THE NYSHRL   VIOLATIONS OF THE NYCHRL   VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq.  