Gabriela Cruz v. Monday Swimwear, LLC

Case Summary

According to the complaint, Gabriela Cruz, a visually impaired individual, is suing Monday Swimwear, LLC for failing to make its website accessible, violating the Americans with Disabilities Act (ADA). Cruz alleges that the website contains significant barriers that prevent blind users from completing transactions independently. The complaint cites various accessibility issues, including lack of alternative text for images and reliance on mouse navigation. Cruz seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced. The case is filed as a class action on behalf of all legally blind individuals denied access to the website.

Causes of Action

• Violation of the Americans with Disabilities Act (ADA)

Key Allegations

• Website is inaccessible to visually impaired individuals
• Access barriers prevent independent navigation and purchases
• Defendant failed to implement necessary accessibility features

Requested Relief

• Preliminary and permanent injunction to prohibit violations of the ADA
• Injunction requiring compliance with ADA
• Declaration of discrimination against visually impaired individuals
• Class action certification
• Pre- and post-judgment interest
• Award of costs and expenses

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

Subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12182; venue proper under 28 U.S.C. §1391(b)(1) and (2)