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Judith Adela Fernandez Martinez v. KSR VENTURE, LLC

Filed

Case details

Summary

According to the complaint, Judith Adela Fernandez Martinez, a visually-impaired individual, is suing KSR Venture, LLC for failing to make its website, https://oramethod.com/, accessible to blind users. The complaint alleges that the website contains multiple barriers that prevent blind individuals from accessing its goods and services, violating the Americans with Disabilities Act (ADA). The plaintiff seeks a permanent injunction to require the defendant to change its website policies to ensure accessibility, as well as compensatory damages for the discrimination faced. The case highlights the importance of web accessibility for individuals with disabilities and the legal obligations of businesses to comply with accessibility standards.

About the defendant

Operates an online retail store and physical acupuncture spas, offering acupuncture and restorative healing services, along with various goods and services.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is not accessible to blind and visually-impaired individuals.
  • Plaintiff encountered multiple access barriers on the website.
  • Defendant has failed to comply with the ADA and other relevant laws.

Legal claims

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

  • Violations of the ADA
  • Violations of the NYSHRL
  • Violations of the NYCHRL
  • Violation of GBL § 349

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Permanent injunction requiring Defendant to make its website accessible.
  • Compensatory damages for violations of civil rights.
  • Attorney’s fees and costs.

Proposed class

The group of people the plaintiff asks to represent, so the case can cover them too.

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.