Joseph Ortiz v. Section 119 LLC

Case Summary

According to the complaint, Joseph Ortiz, a visually-impaired individual, is suing Section 119 LLC for failing to make its website, www.section119.com, accessible to blind users. Ortiz alleges that he encountered numerous barriers while attempting to navigate the site, which prevented him from accessing products and services offered. The complaint cites violations of the Americans with Disabilities Act (ADA), New York State Human Rights Law (NYSHRL), and General Business Law (GBL) § 349. Ortiz seeks injunctive relief to ensure the website is accessible and compensatory damages for the discrimination faced.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12181 et seq.
• Violations of the NYSHRL
• 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 has failed to comply with WCAG 2.0 guidelines.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA and NYSHRL.
• A declaration that Defendant's website discriminates against the blind.
• Compensatory damages for violations of civil rights under NYSHRL and GBL § 349.
• 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 over Plaintiff’s claims pursuant to NYSHRL and GBL.