Arnold Vargas, Richard DeGaetano v. Royce' Confect USA, Inc.

Case Summary

According to the complaint, plaintiffs Arnold Vargas and Richard DeGaetano, both legally blind, are suing Royce' Confect USA, Inc. for failing to make its website accessible, violating the Americans with Disabilities Act (ADA); Richard DeGaetano also brings a claim under the New York State Human Rights Law. They allege that they encountered significant barriers while attempting to access the defendant's digital platform to purchase products, including inaccessible navigation menus and cart dialogs. The plaintiffs seek a permanent injunction to require the defendant to improve accessibility, along with compensatory damages and attorneys' fees.

Causes of Action

• Title III of the Americans with Disabilities Act (both plaintiffs)
• Violation of New York State Human Rights Law, Exec. Law, Article 15 § 290, et seq. (Richard DeGaetano only)

Key Allegations

• Defendant's digital properties are not accessible to individuals with visual disabilities.
• Plaintiffs encountered barriers that denied them full and equal access to Defendant's online goods, content, and services.
• Defendant's website fails to comply with accessibility standards.

Requested Relief

• A Declaratory Judgment that Defendant was in violation of the ADA and New York State Human Rights Law.
• A permanent injunction requiring Defendant to make its Digital Platform accessible.
• Payment of costs of suit.
• Payment of reasonable attorneys’ fees.
• Payment of compensatory damages.
• Payment of nominal damages.
• Provision of other relief deemed just and equitable.

Jurisdiction & Venue

This Court’s jurisdiction is invoked pursuant to 28 U.S.C. § 1331 and 42 U.S.C. § 12188.