Judith Adela Lopez v. Babo Botanicals, Inc.

Case Summary

According to the complaint, Judith Adela Lopez, a visually-impaired individual, is suing Babo Botanicals for failing to make its website accessible under the Americans with Disabilities Act (ADA). Lopez alleges that the website, https://babobotanicals.com/, contains multiple barriers that prevent blind users from accessing its products and services. The complaint cites specific issues such as lack of alternative text for images and broken links. Lopez seeks a permanent injunction requiring Babo Botanicals to improve website accessibility and claims damages for the discrimination faced. The case also includes class action allegations on behalf of all legally blind individuals denied access to the website.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12181 et seq.
• 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 her from purchasing products.
• 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 related laws.
• A declaration that Defendant's website discriminates against the blind.
• Compensatory damages for violations of civil rights under New York laws.
• 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.