Delgadillo v. Gosi Enterprises, Ltd.

Summary

On March 28, 2019, Desmond Delgadillo filed a Complaint in New York Federal court against Gosi Enterprises, LTD.. Plaintiff Desmond Delgadillo alleges that www.singer22.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Gosi Enterprises, LTD. is the parent company of Singer22, an American retail store and e-commerce site based on Long Island, New York.

What the complaint says

The problems the plaintiff describes with the website.

• Plaintiff found unlabeled buttons and links prevented him from navigating the website
• Plaintiff also found at least one cursor trap that prevented him from navigating the website
• Plaintiff encountered multiple pages that contained insufficient navigational headings, requiring Plaintiff to expend substantial amount of time to accessinformation
• Plaintiff was unable to sign up for email rewards because of an inaccessible signup system
• Plaintiff was unable to make a purchase because of an inaccessible checkout system

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

• Violations of the Americans with Disabilities Act

What the plaintiff asks for

What the plaintiff wants the court to order.

• A Declaratory Judgment that, at the commencement of this action, Defendant was in violation of the specific requirements of Title III of the ADA 42 U.S.C. § 12181 et seq., and the relevant implementing regulations of the ADA, for Defendant’s failure to take action that was reasonably calculated to ensure that its website was fully and equally accessible to, and independently usable by, blind and visually-impaired individuals
• A preliminary and permanent injunction enjoining Defendant from further violations of the ADA, 42 U.S.C. § 12181 et seq., with respect to its website, www.singer22.com
• A preliminary and permanent injunction requiring Defendant to take the steps necessary to make www.singer22.com readily accessible to and usable by blind and visually-impaired individuals
• For attorneys' fees and expenses pursuant to all applicable laws including, without limitation, pursuant to 42 U.S.C. § 12188(a)(1)
• For compensatory damages including, but not limited to, mental anguish, loss of dignity, and any other intangible injuries suffered by the Plaintiff as a result of Defendant’s discrimination
• For prejudgment interest to the extent permitted by law
• For costs of suit
• For such other and further relief as this Court deems just and proper