Zephyrin Victor v. Sofresh Franchising, LLC

Case Summary

According to the complaint, Plaintiff Zephyrin Victor, a visually-impaired individual, alleges that Sofresh Franchising, LLC's website, https://sofresh.com/, is inaccessible and violates the Americans with Disabilities Act (ADA). The complaint details multiple barriers that prevent blind users from navigating the site, including incompatibility with screen-reading software. Plaintiff seeks a permanent injunction requiring the defendant to make the website accessible and compliant with WCAG 2.2 guidelines, as well as damages and legal fees. The complaint emphasizes the importance of equal access to online services for individuals with disabilities.

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 encountered multiple access barriers preventing him from using the website
• Defendant's website fails to comply with WCAG 2.2 guidelines

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act
• A preliminary and permanent injunction requiring Defendant to make its Website fully compliant with the ADA
• A declaration that Defendant's Website discriminates against the blind
• Payment of nominal damages
• Pre- and post-judgment interest
• An award of costs and expenses of this action together with reasonable attorneys’ fees and expert fees

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)(1-2)