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: Perry Ellis Menswear, LLC
- Website: www.cubavera.com
- Industry: Apparel
- Standards Cited: WCAG 2.2 AA
- Summary: Offers goods and services through retail stores and an integrated website, including special sales, product listings, and store information.
Case Summary
According to the complaint, Nicholas Pagan, a legally blind individual, is suing Perry Ellis Menswear, LLC for failing to make its website accessible in violation of the ADA. The website, www.cubavera.com, allegedly contains barriers that prevent blind and visually impaired users from accessing its content. Pagan claims he has been denied full access to the website and seeks a permanent injunction requiring the company to change its policies and improve accessibility. The complaint cites specific access barriers and requests various forms of relief, including attorney's fees and costs.
Causes of Action
- Title III of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
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 changes
- 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; venue is proper under 28 U.S.C. §1391(b)(2)
