Victor Lopez v. Summit Safety, LLC

Case Summary

According to the complaint, Victor Lopez, a visually-impaired individual, is suing Summit Safety, LLC for failing to make its website, www.hivissupply.com, accessible to blind users. The complaint alleges that the website contains numerous barriers that prevent visually-impaired individuals from accessing information about products, including high visibility gear and safety supplies. Lopez claims that these barriers violate the Americans with Disabilities Act (ADA) and related New York laws. He seeks a permanent injunction requiring the defendant to make the website accessible and compensatory damages for the discrimination faced. The complaint also includes class action allegations on behalf of all legally blind individuals who have faced similar issues accessing the website.

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 full use of the website.
• Defendant has failed to comply with WCAG 2.0 guidelines.

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.