14.  World-Wide owns and manages buildings throughout the United States,  including The Luna, located at 42-15 Crescent Street, Long Island City, New York. It  rents within this building, studio apartments, and apartments with one or more bedrooms.   15.  The Website is heavily integrated with The Luna, serving as a gateway to  it. Through the Website, World-Wide’s customers are, inter alia, able to: learn  information about Luna, including its location, apartment features, available units, and  building amenities; view images and floorplans of the apartments; learn about the team  behind Luna, read News about the company and contact the leasing Center via a form  contained on the Website.   16.  It is, upon information and belief, World-Wide’s policy and practice to  deny Plaintiff Fischler and other blind or visually-impaired users access to its Website,  thereby denying the facilities and services that are offered and integrated with its  apartment building. Due to its failure and refusal to remove access barriers to its Website,  Plaintiff Fischler and visually-impaired persons have been and are still being denied  equal access to the Luna and the numerous facilities, goods, services, and benefits offered  to the public through its Website.   19.  Plaintiff Fischler was denied full and equal access to the facilities and  services World-Wide offers to the public on its Website because he encountered multiple  accessibility barriers that visually-impaired people often encounter with non-compliant  websites:  a.  Lack of alt-text for images. For example, images are labeled  “lunatilegreen.png,” or  “lunatilesubway.png.”   b.  Document titles are blank.  c.  PDFs are not tagged and therefore are inaccessible by screen  readers,    d.  Webpages have duplicate IDs, which cause problems with screen  readers.   e.  Links use general text like “read more” but don’t have text  explaining the link’s purpose.   f.  Webpages have no headings and headings are not nested properly.  g.  Several links on a page share the same link text but go to a  different destination.  h.  Webpages have markup errors.   World-Wide Must Remove Barriers to Its Website    21.  If the Website was equally accessible to all, Plaintiff Fischler could  independently navigate it, learn about available apartments, and contact The Luna as  sighted users can.   22.  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.    23.  Because simple compliance with the WCAG 2.1 Guidelines would  provide Plaintiff Fischler and other visually-impaired consumers with equal access to the  Website, Plaintiff Fischler alleges that World-Wide has engaged in acts of intentional  discrimination, including, but not limited to, the following policies or practices:  a.  Constructing and maintaining a website that is inaccessible to  visually-impaired individuals, including Plaintiff Fischler;  b.  Failing to construct and maintain a website that is sufficiently  intuitive to be equally accessible to visually-impaired individuals, including Plaintiff  Fischler; and,  c.  Failing to take actions to correct these access barriers in the face of  substantial harm and discrimination to blind and visually impaired consumers, such as  Plaintiff Fischler, as a member of a protected class.   25.  Title III of the ADA expressly contemplates the injunctive relief that  Plaintiff Fischler seeks under 42 U.S.C. § 12188(a)(2).   26.  Because its Website has never been equally accessible, and because  World-Wide lacks a corporate policy that is reasonably calculated to cause its Website to  become and remain accessible, Plaintiff Fischler seeks a permanent injunction under 42  U.S.C. § 12188(a)(2) requiring World-Wide to retain a qualified consultant acceptable to  Plaintiff Fischler to assist World-Wide to comply with WCAG 2.1 guidelines for its  Website:  a.  Remediating the Website to be WCAG 2.1 compliant;  b.  Training World-Wide employees and agents who develop the  Website on accessibility compliance under the WCAG 2.1 guidelines;  c.  Regularly checking the accessibility of the Website under the  WCAG 2.1 guidelines;  d.  Regularly testing user accessibility by blind or vision-impaired  persons to ensure that World-Wide’s Website complies under the WCAG 2.1 guidelines;  and,   e.  Developing an accessibility policy that is clearly disclosed on  World-Wide’s Website, with contact information for users to report accessibility-related  problems.   28.  Without injunctive relief, Plaintiff Fischler and other visually impaired  consumers will continue to be unable to independently use the Website, violating its  rights.   29.  World-Wide 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.   30.  World-Wide has failed to take any prompt and equitable steps to remedy  its discriminatory conduct. These violations are ongoing.  31.  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 World-Wide’s Website and as a result have been denied access to the equal  enjoyment of goods and services offered in The Luna, during the relevant statutory period  (“Class Members”).   32.  Plaintiff Fischler 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 The Luna, during the relevant statutory period  (“New York Subclass Members”).   34.  Common questions of law and fact exist amongst the Class Members,  New York Subclass Members and New York City Subclass Members:  a.  Whether The Luna is a place of “public accommodation”;  b.  Whether the Website is a “public accommodation” or a service or  good “of a place of public accommodation” under Title III of the ADA;   c.  Whether the Website is a “place or provider of public  accommodation” or an “accommodation, advantage, facility or privilege” under the  NYSHRL or NYCHRL;   d.  Whether the Website denies the full and equal enjoyment of its  goods, services, facilities, privileges, advantages, or accommodations to people with  visual disabilities, violating Title III of the ADA; and  e.  Whether the Website denies the full and equal enjoyment of its  goods, services, facilities, privileges, advantages, or accommodations to people with  visual disabilities, violating the NYSHRL or NYCHRL.   35.  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 World-Wide 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.   37.  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.   38.  Judicial economy will be served by maintaining 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.   39.   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.   41.  The Luna is a public accommodation under Title III of the ADA, 42  U.S.C. § 12181(7). Its Website is a service, privilege, or advantage of The Luna. The  Website is a service that is integrated with this building.   42.  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).   43.  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).   44.  Under Title III of the ADA, unlawful discrimination also 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; and 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.  42 U.S.C. § 12182(b)(2)(A)(ii)-(iii).   46.  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.  47.  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.   48.  The Luna constitutes a sales establishment and public accommodation  under N.Y. Exec. Law § 292(9). The Website is a service, privilege or advantage of The  Luna. The Website is a service that is by and integrated with The Luna.   49.  World-Wide is subject to NYSHRL because it owns and operates its New  York apartment building, The Luna, and the Website. World-Wide is a “person” within  the meaning of N.Y. Exec. Law § 292(1).   51.  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.    52.  World-Wide’s actions constitute willful intentional discrimination against  the class because of a disability, violating the NYSHRL, N.Y. Exec. Law § 296(2), in  that World-Wide 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.   54.  As World-Wide’s actions violate the NYSHRL, Plaintiff Fischler seeks  injunctive relief to remedy the discrimination, compensatory damages, civil penalties and  fines under N.Y. Exec. Law § 297(4)(c) et seq. for every offense, and reasonable  attorneys’ fees and costs.  55.  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.   56.  World-Wide’s New York City building, The Luna, is a sales establishment  and public accommodation under the NYCHRL, N.Y.C. Admin. Code § 8-102(9), and its  Website is a service that is integrated with that establishment.   57.  World-Wide is subject to NYCHRL because it owns and operates The  Luna and its Website, making it a person within the meaning of N.Y.C. Admin. Code §  8-102(1).   58.  World-Wide is violating the NYCHRL in refusing to update or remove  access barriers to Website, causing its Website and the services integrated with The Luna  to be completely inaccessible to the blind. This inaccessibility denies blind patrons full  and equal access to the facilities, goods, and services that World-Wide makes available to  the non-disabled public. N.Y.C. Admin. Code §§ 8-107(4)(a), 8-107(15)(a).   60.  As such, World-Wide 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 World- Wide from continuing to engage in these unlawful practices, Plaintiff and the New York  City Subclass will continue to suffer irreparable harm.   61.  As World-Wide’s actions violate the NYCHRL, Plaintiff Fischler seeks  injunctive relief to remedy the discrimination, compensatory damages, civil penalties and  fines for each offense, and reasonable attorneys’ fees and costs. N.Y.C. Admin. Code §§  8-120(8), 8-126(a).  62.  Plaintiff Fischler, individually and on behalf the Class Members, repeats  and realleges every allegation of the preceding paragraphs as if fully set forth herein.   64.  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 NYCHRL   VIOLATIONS OF THE NYSHRL   VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq.   World-Wide, Its Website And Its Website’s Barriers  