Plaintiff
- Name: Nestor A. Proveyer
- Filing Date: March 2, 2026
- Court: United States District Court Southern District of Florida
- State: Florida
- Attorney Firm: Mendez Law Offices, PLLC; Adams & Associates, P.A.
Defendant
- Name: Genesco Inc., d/b/a Johnston & Murphy
- Website: www.johnstonmurphy.com
- Industry: Retailing
- Standards Cited: WCAG 2.0 Level AA
- Summary: sells men and women clothing, bags, shoes, and accessories
Case Summary
According to the complaint, Nestor A. Proveyer, a visually impaired individual, is suing Genesco Inc., doing business as Johnston & Murphy, for violations of the Americans with Disabilities Act (ADA). Proveyer alleges that he encountered multiple accessibility barriers on the defendant's website, which hindered his ability to purchase products. These barriers included unlabeled graphics and inaccessible navigation elements. Proveyer seeks declaratory and injunctive relief to ensure the website is accessible, as well as damages for the trespass of software on his computer. The complaint emphasizes the need for effective communication and equal access for individuals with disabilities.
Causes of Action
- Violation of the ADA
- Trespass
Key Allegations
- Plaintiff is visually impaired and requires accessible website features to purchase products.
- Defendant's website contains numerous accessibility barriers preventing effective use by visually impaired individuals.
Requested Relief
- Declaratory relief that Defendant's website violates the ADA
- Injunctive relief requiring Defendant to make its website accessible
- Compensatory damages for trespass to Plaintiff's computer
- Attorney's fees and costs
Jurisdiction & Venue
Southern District of Florida, Miami-Dade Division
