Benjamin Butler v. John Fluevog Shoes, Ltd

Case Summary

According to the complaint, Benjamin Butler, a legally blind individual, is suing John Fluevog Shoes, Ltd. for failing to make its website, www.fluevog.com, accessible to blind users. Mr. Butler alleges that he encountered numerous barriers while attempting to shop for footwear, including missing alternative text and unlabeled buttons, which prevented him from completing his purchases. The complaint cites violations of the Americans with Disabilities Act (ADA) and New York state laws. Mr. Butler seeks injunctive relief to ensure the website is accessible and compensatory damages for the discrimination he faced.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• Violation of the New York State Human Rights Law
• Violation of New York State Civil Rights Law
• Violations of the New York City Human Rights Law
• Declaratory Relief

Key Allegations

• Defendant's website is inaccessible to blind and visually impaired individuals.
• Plaintiff encountered multiple accessibility barriers preventing meaningful engagement with the website.
• Defendant failed to comply with WCAG 2.1 standards.

Requested Relief

• Injunctive relief requiring Defendant to revise its digital policies and practices to ensure accessibility.
• Compensatory damages for violations of civil rights under New York City Human Rights Law, New York State Human Rights Law, and New York State Civil Rights Law.

Proposed Class

All legally blind individuals in the United States who have attempted to access www.fluevog.com and were denied equal access to its digital content, product information, and retailer-locator services due to persistent accessibility barriers during the relevant statutory period.

Jurisdiction & Venue

This Court has subject-matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 and 42 U.S.C. § 12182 because Plaintiff’s claims arise under Title III of the Americans with Disabilities Act.