MENDEZ v. PRIMAVERA GALLERY, INC.

Plaintiff

Name: Himelda Mendez
Filing date: December 17, 2019
State of filing: New York

Defendant

Name: Primavera Gallery, Inc.
Website: www.primaveragallery.com
Industry: Hotel, Restaurant and Leisure
Summary: The Primavera Gallery is a design gallery featuring decorative objects, jewelry, furniture, and paitings associated with the major design movements of the past century.

Case Summary

On December 17, 2019, Himelda Mendez filed a Complaint in New York Federal court against Primavera Gallery, Inc.. Plaintiff Himelda Mendez alleges that www.primaveragallery.com is not accessible per the WCAG 2.0 accessibility standard(s).

Case Details

Plaintiff alleges issues in its Complaint including the following:

Lack of Alternative Text (“alt-text”), or a text equivalent.
Empty Links That Contain No Text causing the function or purpose of the link to not be presented to the user.
Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users; and
Linked Images Missing Alt-text, which causes problems if an image within a link contains no text and that image does not provide alt-text.

Plaintiff asserts the following cause(s) of action in its Complaint:

Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
New York State Human Rights Law
New York City Human Rights Law
Declaratory Relief

Plaintiff seeks the following relief by way of its Complaint:

A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296,
et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by
blind individuals;
A declaration that Defendant owns, maintains and/or operates its Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec.
Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York
An order certifying the Class and Sub-Classes under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and her attorneys as Class
Counsel;
Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and subclasses for violations of their civil rights under New York State Human Rights Law and City
Law;
Pre- and post-judgment interest;
An award of costs and expenses of the action together with reasonable attorneys’ and expert fees; and
Such other and further relief as this Court deems just and proper.