United States District Court, S.D. New York
LINDA SLADE, individually and as the representative of a class of similarly situated persons, Plaintiff,
ART OF BEAUTY COMPANY, INC., d/b/a Zoya.com, et al., Defendants.
Shaked Attorney for Linda Slade
Matthew J. Cavanagh Attorney for Zoya Company and Art of
Beauty Company Inc.
PAUL OETKEN United States District Judge
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
Art of Beauty Company, Inc. is an Ohio corporation.
Slade is an individual who resides in New York.
Zoya owns and operates websites at zoya.com, artofbeauty.com,
qtica.com, qticasmartspa.com, and nakedmanicure.com
(collectively the "Websites").
Zoya sells and advertises Zoya nail polishes and related
cosmetic goods on the Websites.
Slade is a visually-impaired and legally blind person who
requires screen-reading software to read website content
using her computer.
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;
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;
Slade alleges that the Websites are not fully accessible to
the visually impaired, and that they therefore violates the
ADA, NYSHRL, NYSCRL, and NYCHRL;
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.
the parties agree that the Websites are now ADA compliant, in
substantial conformance with the Web Content Accessory
Guidelines ("WCAG") 2.1, and sufficiently