James Murphy v. Silverts Universal Dressing Solutions, Inc.

Case Summary

According to the complaint, James Murphy, a visually-impaired individual, is suing Silverts Universal Dressing Solutions, Inc. for failing to make its website, www.silverts.com, accessible under the Americans with Disabilities Act (ADA). The plaintiff alleges that the website contains numerous barriers that prevent blind users from accessing its goods and services, including lack of alternative text for images and broken links. Murphy seeks a permanent injunction to require the defendant to improve website accessibility and claims damages for the discrimination faced. The complaint also cites violations of New York state laws regarding accessibility.

Causes of Action

• Violations of the ADA
• 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 individuals.
• 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.
• Compensatory damages for violations of civil rights.
• 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, as claims arise under Title III of the ADA and related state laws.