Victor Lopez v. Gina Gibney Dance, Inc.

Case Summary

According to the complaint, Victor Lopez, a visually-impaired individual, is suing Gina Gibney Dance, Inc. for failing to make its website accessible, violating the Americans with Disabilities Act (ADA) and related New York laws. Lopez alleges that he encountered numerous barriers while trying to access information and services on the website, which prevented him from fully enjoying the offerings available to sighted users. He seeks a permanent injunction to require the defendant to improve website accessibility and compensatory damages for the discrimination he faced. The complaint also seeks to certify a class of all legally blind individuals who have faced similar issues with the website.

Causes of Action

• Violations of the ADA
• 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 persons.
• Plaintiff encountered multiple access barriers while attempting to use the website.
• Defendant has failed to comply with WCAG 2.0 guidelines.

Requested Relief

• Permanent injunction requiring Defendant to make its Website accessible to blind individuals.
• Compensatory damages for violations of civil rights under New York State Human Rights Law and GBL § 349.
• 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, as Plaintiff’s claims arise under Title III of the ADA and related state laws.