Victor Lopez v. Darvin Furniture and Appliance of Orland Park, Inc.

Case Summary

According to the complaint, Victor Lopez, a visually-impaired individual, is suing Darvin Furniture and Appliance for failing to make its website accessible under the Americans with Disabilities Act (ADA). Lopez alleges that the website, https://darvin.com, contains multiple barriers that prevent blind users from accessing information about products and services, violating their rights. The complaint cites specific access issues, including lack of alternative text for images and broken links. Lopez seeks a permanent injunction requiring the defendant to improve website accessibility and compensatory damages for the discrimination faced. The case also includes claims under New York state laws.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12181 et seq.
• Violations of the NYSHRL
• Violations of the NYCHRL
• Violation of GBL § 349

Key Allegations

• Defendant's website is not accessible to blind and visually-impaired individuals.
• Plaintiff encountered multiple access barriers preventing equal access to goods and services.
• Defendant failed to comply with WCAG 2.0 guidelines for web accessibility.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA and related laws.
• A declaration that Defendant's website discriminates against the blind.
• Compensatory damages for violations of civil rights under New York laws.
• Reasonable attorneys’ fees and costs.

Proposed Class

All legally blind individuals in the United States who have attempted to access Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services offered by Defendant’s Website, during the relevant statutory period.

Jurisdiction & Venue

The Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12181, and supplemental jurisdiction under 28 U.S.C. § 1367.