Plaintiff
- Name: Nestor A. Proveyer
- Filing Date: May 5, 2026
- Court: United States District Court Southern District of Florida
- State: Florida
- Attorney Firm: Mendez Law Offices, PLLC; Adams & Associates, P.A.
Defendant
- Name: West Marine Products, Inc.
- Website: www.westmarine.com
- Industry: Retailing
- Standards Cited: Web Content Accessibility Guidelines (WCAG) 2.0 Level AA
- Summary: sells electronics, anchors, safety supplies, boat maintenance supplies, inflatable boats, motors, and accessories
Case Summary
According to the complaint, Nestor A. Proveyer is suing West Marine Products, Inc. for violations of the Americans with Disabilities Act (ADA) due to accessibility barriers on their website, which he alleges prevent visually impaired individuals from effectively navigating and purchasing products. Proveyer claims he encountered numerous issues, including unlabeled graphics and inaccessible menus, while attempting to access the website to purchase an inflatable life jacket. He seeks declaratory and injunctive relief to ensure the website is accessible, as well as damages for trespass related to tracking software placed on his computer without consent. The case highlights the need for compliance with ADA standards for digital accessibility.
Causes of Action
- Violation of the ADA
- Trespass
Key Allegations
- Defendant's website contains access barriers preventing effective use by visually disabled individuals
- Plaintiff encountered unlabeled graphics, inaccessible menus, and improperly formatted navigation elements
- Defendant failed to provide reasonable modifications to ensure accessibility
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
