Beth Kramer v. Jovani Fashions Ltd.

Case Summary

According to the complaint, Beth Kramer, a legally blind individual, is suing Jovani Fashions Ltd. for violations of the Americans with Disabilities Act due to the inaccessibility of their website, www.jovani.com. The plaintiff alleges that the website contains multiple barriers that prevent blind and visually impaired users from accessing its content and services. Specific issues include missing text equivalents for images, unlabeled buttons, and improper coding that hinders the use of screen-reading software. The plaintiff seeks a permanent injunction requiring the defendant to make the website fully accessible and compensatory damages for the discrimination faced.

Causes of Action

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

Key Allegations

• Defendant's website is not accessible to blind and visually impaired individuals.
• Plaintiff encountered multiple access barriers that prevented meaningful engagement with the website's services.
• Defendant failed to implement WCAG-compliant accessibility protocols.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA and related laws.
• A declaration that Defendant's website discriminates against the blind.
• Compensatory damages for violations of civil rights.

Proposed Class

All legally blind individuals in the United States who have attempted to access www.jovani.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. § 12188.