Edery Herrera v. The Frick Collection

Case Summary

According to the complaint, Edery Herrera, a visually-impaired individual, is suing The Frick Collection for failing to make its website accessible to blind users. The complaint alleges that the website, https://www.frick.org, contains multiple barriers that prevent blind individuals from accessing its goods and services, violating the Americans with Disabilities Act (ADA). The plaintiff claims that these barriers include a lack of alternative text for images, broken links, and other accessibility issues that hinder the use of screen-reading software. The plaintiff seeks a permanent injunction to require the defendant to improve the website's accessibility and compensatory damages for the alleged discrimination.

Causes of Action

• Violations of the ADA
• Violations of the NYSHRL
• Violations of the NYCHRL
• Violation of GBL § 349

Key Allegations

• Defendant's website is not accessible to blind and visually-impaired persons.
• Plaintiff encountered multiple access barriers while attempting to use the website.
• Defendant has failed to comply with WCAG 2.0 guidelines for web accessibility.

Requested Relief

• Permanent injunction requiring Defendant to make its Website accessible to blind individuals.
• Compensatory damages for violations of civil rights under New York State Human Rights Law and GBL § 349.
• Reasonable attorneys’ fees and costs.

Proposed Class

All legally blind individuals in the United States who have attempted to access Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services offered by Defendant’s Website, during the relevant statutory period.

Jurisdiction & Venue

The Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12181, as Plaintiff’s claims arise under Title III of the ADA and related state laws.