Frangie Espinal v. Eric Javits Operations LLC

Case Summary

According to the complaint, Frangie Espinal, a visually-impaired individual, is suing Eric Javits Operations LLC for failing to make its website accessible to blind users. The complaint alleges that the website, https://ericjavits.com/, contains multiple barriers that prevent visually-impaired individuals from accessing its goods and services, violating the Americans with Disabilities Act (ADA) and related New York laws. Espinal seeks a permanent injunction requiring the defendant to improve website accessibility and claims damages for the discrimination faced. The case is filed as a class action on behalf of all legally blind individuals who have faced similar issues.

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 persons.
• Plaintiff encountered multiple access barriers while attempting to use the website.
• Defendant has failed to comply with WCAG 2.0 guidelines.

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 under New York laws.
• 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.