Washington Benavides Moran v. Fulton And Roark LLC

Case Summary

According to the complaint, Washington Benavides Moran, a visually-impaired individual, is suing Fulton and Roark LLC for failing to make its website accessible as required by the Americans with Disabilities Act (ADA). The plaintiff alleges that the website, www.fultonandroark.com, contains numerous barriers that prevent blind users from accessing its products and services, including missing alt-text for images and broken links. The complaint cites violations of the ADA, New York State Human Rights Law, and New York City Human Rights Law, seeking a permanent injunction to require the defendant to improve website accessibility and compensatory damages for the alleged discrimination.

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 individuals.
• Plaintiff encountered multiple access barriers preventing full use of the website.
• Defendant has failed to comply with WCAG 2.0 guidelines.

Requested Relief

• Permanent injunction requiring Defendant to make its Website accessible to individuals with disabilities.
• 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.