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Duncan v. Jay Suites I, LLC

United States District Court, S.D. New York

January 14, 2020

EUGENE DUNCAN and on behalf of all other persons similarly situated, Plaintiff,
v.
JAY SUITES I, LLC and JAY SUITES II, LLC, Defendants.

         CONSENT DECREE

         1. This Consent Decree is entered into as of the Effective Date, as defined below in Paragraph 10, by and between the following parties: Plaintiff Eugene Duncan ("Plaintiff) and Defendants Jay Suites I, LLC and Jay Suites II, LLC ("Defendant"). Plaintiff and Defendants are collectively referred to as the "Parties" for the purposes and on the terms specified herein.

         RECITALS

         2. Title III of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12181-12189 (the "ADA"), and its implementing regulation, 28 C.F.R.pt. 36, prohibit discrimination on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations by any private entity that owns, leases (or leases to), or operates any place of public accommodation. 42 U.S.C. § 12182(a); 28 C.F.R. § 36.201(a).

         3. On or about April 15, 2019, Plaintiff filed this action in the United States District Court for the Southern District of New York captioned Eugene Duncan v. Jay Suites I, LLC and Jay Suites II. LLC, (the "Action"). Plaintiff alleges that Defendants' website and mobile applications (together, the "Website") are not folly accessible to individuals with disabilities in violation of Title III of the Americans with Disabilities Act of 1990 ("ADA"), the New York State Human Rights Law ("NYSHRL"), the New York State Civil Rights Law ("NYSCRL"), and the New York City Human Rights Law ("NYCHRL").

         4. Defendants expressly deny that the Website violates any federal, state or local law, including the ADA, NYSHRL, NYSCRL, and the NYCHRL, and they deny any other wrongdoing or liability whatsoever. By entry into this Consent Decree, Defendants do not admit any wrongdoing.

         5. This Consent Decree resolves, settles, and compromises all issues between the Parties in the Action. by the parties

         6. This Consent Decree is entered into by Plaintiff, individually, but is intended by the parties to inure to the benefit of vision impaired individuals who are members of the putative class alleged in the Complaint.

         JURISDICTION

         7. Plaintiff alleges that Defendants are private entities that own and/or operate the Website which is available through the internet to personal computers, laptops, mobile devices, tablets, and other similar technology. Plaintiff contends that the Website is a service, privilege, or advantage of a place of public accommodation subject to Title III of the ADA. 42 U.S.C. §12181(7); 12182(a). Defendants deny that the Website is a public accommodation or that it is a place of public accommodation or otherwise subject to Title III of the ADA, NYSHRL, and/or NYCHRL. Nothing in this Consent Decree shall be construed as a ruling on this issue.

         8. This Court has jurisdiction over the Action under 28 U.S.C. § 1331 and 42 U.S.C. § 12188. The Parties agree that for purposes of the Action and this Consent Decree venue is appropriate.

         AGREED RESOLUTION

         9. Plaintiff and Defendants agree that it is in the Parties' best interest to resolve the Action on mutually agreeable terms without further litigation. Accordingly, the Parties agree to the entry of this Consent Decree without trial or further adjudication of any issues of fact or law raised in Plaintiffs Complaint. In resolution of this Action, the Parties hereby AGREE to the following:

         DEFINITIONS

         10. Effective Date means the date on which this Consent Decree is entered on the Court's Docket Sheet ...


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