Wislande Claude v. Plastic Surgery Arts of New Jersey

Case Summary

According to the complaint, plaintiff WISLANDE CLAUDE, a visually-impaired individual, alleges that PLASTIC SURGERY ARTS OF NEW JERSEY's website is inaccessible, violating the Americans with Disabilities Act (ADA). The plaintiff claims that the website lacks necessary features for screen-reader compatibility, preventing her from scheduling a medical consultation. The complaint seeks a permanent injunction to require the defendant to make the website accessible and to implement policies ensuring ongoing compliance with accessibility standards. The plaintiff represents a class of legally blind individuals who have faced similar barriers.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• Declaratory Relief

Key Allegations

• Defendant’s website is not accessible to blind and visually impaired individuals.
• Plaintiff was denied the ability to schedule a medical consultation due to website barriers.
• Defendant failed to comply with WCAG 2.1 guidelines.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act.
• An order requiring Defendant to make its website fully compliant with the ADA.
• Payment of nominal damages.
• An award of costs and expenses of this action together with reasonable attorneys’ and expert fees.

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, during the relevant statutory period.

Jurisdiction & Venue

This Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12182; venue is proper under 28 U.S.C. §1391(b)(1) and (2).