Frangie Espinal v. Josephinenhutte, Inc.

Case Summary

According to the complaint, Frangie Espinal, a visually-impaired individual, is suing Josephinenhutte, Inc. for failing to make its website accessible under the Americans with Disabilities Act (ADA). Espinal alleges that the website, https://us.josephinen.com, contains multiple barriers that prevent blind users from accessing its goods and services, including lack of alternative text for images and broken links. The complaint cites violations of the ADA, New York State Human Rights Law, and New York City Human Rights Law, seeking injunctive relief to ensure accessibility and compensatory damages for the alleged discrimination.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12181 et seq.
• Violations of the NYSHRL
• Violations of the NYCHRL
• Violations 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 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.
• 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, and supplemental jurisdiction under 28 U.S.C. § 1367.