Gabriela Cruz v. Beach Bunny Swimwear, Inc.

Case Summary

According to the complaint, Gabriela Cruz, a visually impaired individual, is suing Beach Bunny Swimwear, Inc. for failing to make its website accessible to blind users, violating the Americans with Disabilities Act (ADA). Cruz alleges that the website contains significant barriers that prevent her and others from independently navigating and completing purchases. The complaint seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced by Cruz and other class members. Cruz intends to continue using the website once the barriers are removed.

Causes of Action

• Violation of the Americans with Disabilities Act (ADA)
• Declaratory Relief

Key Allegations

• Website is inaccessible to visually impaired individuals
• Access barriers prevent independent navigation and transactions
• Defendant's website design relies on visual interfaces that exclude blind users

Requested Relief

• Preliminary and permanent injunction to prohibit Defendant from violating the ADA
• Injunction requiring Defendant to make the Website compliant with the ADA
• Declaration that Defendant discriminates against the visually impaired
• Order certifying this case as a class action
• Pre- and post-judgment interest
• Award of costs and expenses of this action together with reasonable attorneys’ and expert fees

Proposed Class

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

Jurisdiction & Venue

This Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12182; venue is proper under 28 U.S.C. §1391(b)(1) and (2).