Plaintiff
- Name: Nicholas Pagan
- Filing Date: April 20, 2026
- Court: United States District Court Southern District of Florida
- State: Florida
- Attorney Firm: Alberto R. Leal, Esq., P.A.
Defendant
- Name: Ermanno Miami, Inc.
- Website: www.ermannoscervino.com
- Industry: Retailing
- Standards Cited: WCAG 2.2 AA
- Summary: Offers goods and services to the public through a website and physical retail stores.
Case Summary
According to the complaint, Nicholas Pagan alleges that Ermanno Miami, Inc.'s website is not accessible to blind and visually impaired consumers, violating the Americans with Disabilities Act (ADA). Pagan seeks a permanent injunction to require the company to change its corporate policies and improve website accessibility. The complaint details various digital barriers that prevent blind users from fully accessing the website, which offers goods and services. Pagan has attempted to use the website but has been deterred due to these barriers. He requests that the court order the company to comply with accessibility standards and pay for legal costs.
Causes of Action
- Violation of Title III of the Americans with Disabilities Act
Key Allegations
- Website is not accessible to blind and visually impaired consumers
- Digital barriers limit access to website content
- Defendant has not implemented a plan to make the website accessible
Requested Relief
- Permanent injunction requiring website accessibility improvements
- Payment of costs of suit
- Payment of reasonable attorneys’ fees
- Declaratory judgment of violation of ADA
Jurisdiction & Venue
Federal question jurisdiction pursuant to 28 U.S.C. §1331 and 42 U.S.C. § 12188
