Downtown

Junior’s hit with federal lawsuit over website that ‘discriminates’ against the blind

April 24, 2018 By Paul Frangipane Brooklyn Daily Eagle
Junior’s Cheesecake on Flatbush Avenue in Brooklyn. Eagle file photos by Lore Croghan
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Junior’s, the internationally known cheesecake maker and fixture on Flatbush Avenue for decades, discriminates against blind people by building a website that is intentionally inaccessible to the visually impaired, a new lawsuit charges.

Brian Fischler, who is legally blind, is seeking unspecified damages from the 67-year-old Downtown Brooklyn restaurant and demanding that it fix its website, www.juniorscheesecake.com, so that visually impaired people can navigate it, order online, view menus and take advantage of pop ups that advertise best sellers and “cheesecake giveaways.”

“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,” the civil complaint alleges.

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The World Wide Web Consortium publishes universal guidelines for websites to be fully accessible. People with sight disabilities are able to buy and download “screen-reading software” to navigate websites, but for the software to function, the website must be programmed to be compatible.

Fischler’s attorney Christopher Lowe said the issue is “fairly common,” and his law firm has carried out several similar cases.

The suit also demands that the company train its website developers on accessibility, regularly test the site and publish an accessibility policy on its website.

Junior’s owner Alan Rosen said the company fixed the problem after Fischler filed the lawsuit in federal court.

“Mr. Fischler indicated that he had some issues accessing information from our website with the screen reader he uses. As soon as it was brought to our attention we quickly corrected the,” Rosen told the Brooklyn Eagle.

Lowe declined to comment on Rosen’s claim, and said the lawsuit remains in effect.

“It doesn’t change the fact that when my client was on the site, it was not compliant,” Lowe said.

More than 240 businesses were sued nationwide over website accessibility since 2015, according to the Los Angeles Times


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