Frangie Espinal v. Hat Heaven Inc.

Case Summary

According to the complaint, Frangie Espinal, a visually-impaired individual, is suing Hat Heaven Inc. for failing to make its website accessible as required by the Americans with Disabilities Act (ADA). The complaint alleges that the website, https://hatheaven.com/, contains numerous barriers that prevent blind users from accessing its products and services, including lack of alternative text for images and broken links. Espinal seeks a permanent injunction to require the defendant to improve website accessibility and claims damages for the discrimination faced. The case also includes allegations under New York State Human Rights Law and GBL § 349.

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 preventing full use of the website.
• Defendant failed to comply with WCAG 2.0 guidelines.

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, and supplemental jurisdiction under 28 U.S.C. § 1367.