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Slade v. Art of Beauty Co., Inc.

United States District Court, S.D. New York

January 6, 2020

LINDA SLADE, individually and as the representative of a class of similarly situated persons, Plaintiff,
v.
ART OF BEAUTY COMPANY, INC., d/b/a Zoya.com, et al., Defendants.

          Dan Shaked Attorney for Linda Slade

          Matthew J. Cavanagh Attorney for Zoya Company and Art of Beauty Company Inc.

          CONSENT DECREE

          J. PAUL OETKEN United States District Judge

         WHEREAS, Plaintiff Linda Slade ("Slade") and Defendants Zoya Company and Art of Beauty Company, Inc. (collectively, "Zoya") are parties to this civil action (the "Action") and the Court has personal jurisdiction over the parties and subject matter jurisdiction over the claims asserted in the Action; WHEREAS, Zoya Company is an Ohio corporation.

         WHEREAS, Art of Beauty Company, Inc. is an Ohio corporation.

         WHEREAS, Slade is an individual who resides in New York.

         WHEREAS, Zoya owns and operates websites at zoya.com, artofbeauty.com, qtica.com, qticasmartspa.com, and nakedmanicure.com (collectively the "Websites").

         WHEREAS, Zoya sells and advertises Zoya nail polishes and related cosmetic goods on the Websites.

         WHEREAS, Slade is a visually-impaired and legally blind person who requires screen-reading software to read website content using her computer.

         WHEREAS, Slade filed this Actin against Zoya for alleged violations of Title III of the Americans with Disabilities Act, 42 U.S.C. §§ 12181-12189, 28 C.F.R. Part 36 (the "ADA"); the New York State Human Rights Law (the "NYSHRL"); the New York State Civil Rights Law (the "NYSCRL"); the New York City Human Rights Law (the "NYCHRL"); N.Y.C. Admin. Code §8-101 et seq.: and declaratory relief (the "Action"), as a putative class action;

         WHEREAS, Slade alleges that Zoya operates a place of public accommodation and that the Websites are a good or service of a place of public accommodation, as those terms are understood under the ADA, NYSHRL, NYSCRL, and NYCHRL;

         WHEREAS, Slade alleges that the Websites are not fully accessible to the visually impaired, and that they therefore violates the ADA, NYSHRL, NYSCRL, and NYCHRL;

         WHEREAS, Zoya has remedied the issues with the Websites that were cited in Slade's complaint that could potentially be considered non-compliance with the ADA.

         WHEREAS, the parties agree that the Websites are now ADA compliant, in substantial conformance with the Web Content Accessory Guidelines ("WCAG") 2.1, and sufficiently ...


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