Edery Herrera v. Whedco Development Corp.

Case Summary

According to the complaint, Edery Herrera, a visually-impaired individual, is suing WHEDCO Development Corp. for failing to make its website, https://bronxmusichall.org, accessible to blind users. The plaintiff alleges that the website contains numerous barriers that prevent him from accessing goods and services, including clothing and event information. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to improve website accessibility. The plaintiff claims that these barriers have caused frustration and humiliation, denying him equal access to the services offered online.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12181 et seq.
• 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 individuals.
• Plaintiff encountered multiple access barriers preventing full use of the website.
• Defendant has failed to comply with ADA requirements for website 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.