Kelly Smith, Karen Blachowicz v. LEVAN GROUP I, L.P. DBA HIGH FASHION HOME

Case Summary

According to the complaint, plaintiffs Kelly Smith and Karen Blachowicz are legally blind individuals suing Levan Group I, L.P. DBA High Fashion Home for failing to make its digital platform accessible, violating the Americans with Disabilities Act and New York State Human Rights Law. They allege that they encountered significant barriers while attempting to access the website to purchase home décor items, which denied them full and equal access to the services offered. Plaintiffs seek a permanent injunction requiring the defendant to implement necessary changes to ensure accessibility, along with compensatory damages and attorneys' fees.

Causes of Action

• Title III of the ADA, 42 U.S.C. § 12181 et seq.
• Violation of New York State Human Rights Law, Exec. Law, Article 15 § 290, et seq.

Key Allegations

• Defendant's digital properties are not accessible to legally blind individuals.
• Plaintiffs encountered barriers that denied them full access to the website.
• Defendant failed to implement adequate corporate policies for accessibility.

Requested Relief

• Permanent injunction requiring accessibility changes to the digital platform.
• Payment of costs and reasonable attorneys' fees.
• Compensatory damages for violations of New York State Human Rights Law.

Proposed Class

Individuals with visual disabilities who are denied full and equal access to the defendant's digital platform.

Jurisdiction & Venue

Jurisdiction is invoked pursuant to 28 U.S.C. § 1331, 28 U.S.C.A. § 1367 and 42 U.S.C. § 12188; venue is proper under 28 U.S.C. § 1391(b)(2).