Leverne Walker v. DSMB PARTNERS, LLC d/b/a ActivatedYou

Case Summary

According to the complaint, Leverne Walker, a legally blind individual, is suing DSMB Partners, LLC d/b/a ActivatedYou for violations of the Americans with Disabilities Act due to the inaccessibility of its website, www.activatedyou.com. Walker alleges that he encountered numerous barriers while attempting to access product information and complete purchases, which prevented him from independently navigating the site. The complaint cites specific accessibility failures, including missing alternative text for images and empty buttons, which violate WCAG 2.1 standards. Walker seeks injunctive relief to require the defendant to make its website accessible and to certify a class of similarly situated individuals who have faced similar barriers.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• New York State Human Rights Law
• Violation of New York State Civil Rights Law
• Violations of the New York City Human Rights Law
• Declaratory Relief

Key Allegations

• Defendant's website is inaccessible to blind and visually impaired individuals due to multiple accessibility barriers.
• Plaintiff was unable to independently complete objectives on the website due to persistent access barriers.
• Defendant failed to comply with WCAG 2.1 accessibility standards.

Requested Relief

• A preliminary and permanent injunction prohibiting Defendant from violating Title III of the ADA, 42 U.S.C. § 12182 et seq.
• A preliminary and permanent injunction requiring Defendant to make www.activatedyou.com fully accessible to blind and visually impaired individuals.
• A declaration that Defendant discriminates against blind individuals by failing to provide equal access as required by law.
• An order certifying the proposed Class and New York Subclass under Fed. R. Civ. P. 23.
• An award of costs, litigation expenses, and reasonable attorneys' fees.

Proposed Class

All legally blind individuals in the United States who have attempted to access www.activatedyou.com and, as a result of Defendant's failure to design, construct, maintain, and operate the Website in an accessible manner, were denied equal access to the goods, services, and information offered thereon.

Jurisdiction & Venue

This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 because Plaintiff's claims arise under the laws of the United States, including Title III of the Americans with Disabilities Act.