United States District Court, S.D. New York
EUGENE DUNCAN and on behalf of all other persons similarly situated, Plaintiff,
JAY SUITES I, LLC and JAY SUITES II, LLC, Defendants.
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.
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).
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
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.
Consent Decree resolves, settles, and compromises all issues
between the Parties in the Action. by the parties
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.
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.
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
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:
Effective Date means the date on which this Consent Decree is
entered on the Court's Docket Sheet ...