Plaintiff
- Name: Nestor A. Proveyer
- Filing Date: April 23, 2026
- Court: United States District Court Southern District of Florida
- State: Florida
- Attorney Firm: Mendez Law Offices, PLLC; Adams & Associates, P.A.
Defendant
- Name: JV Asset Holdco LLC, d/b/a John Varvatos
- Website: www.johnvarvatos.com
- Industry: Apparel
- Standards Cited: WCAG 2.0 Level AA
- Summary: sells clothing, shoes, and accessories
Case Summary
According to the complaint, Nestor A. Proveyer is suing JV Asset Holdco LLC, doing business as John Varvatos, for violations of the Americans with Disabilities Act (ADA) due to accessibility barriers on their website. Proveyer, who is visually impaired, alleges that he faced numerous obstacles while attempting to navigate the website, including unlabeled graphics and inaccessible menus, which hindered his ability to purchase products. He seeks declaratory and injunctive relief to ensure the website is accessible, as well as damages for trespass related to unauthorized software on his computer. The complaint emphasizes the need for compliance with ADA standards to provide equal access to individuals with disabilities.
Causes of Action
- Violation of the ADA
- Trespass
Key Allegations
- Defendant's website contains access barriers preventing effective use by visually impaired individuals.
- Plaintiff encountered unlabeled graphics, inaccessible menus, and improperly formatted navigation elements.
- Plaintiff was unable to determine store hours, confirm product availability, or complete transactions due to website inaccessibility.
Requested Relief
- Declaratory judgment that Defendant's website violates the ADA
- Injunctive relief to update the website for accessibility
- Compensatory damages for trespass
- Attorney's fees and costs
Jurisdiction & Venue
Southern District of Florida, Miami-Dade Division
