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Leverne Walker v. 18th and Walnut LLC, d/b/a Dagne Dover

Filed

Case details

Standards cited
Web Content Accessibility Guidelines (WCAG) 2.1 Level A and AA

Summary

According to the complaint, LEVERNE WALKER, a legally blind individual, is suing 18TH AND WALNUT LLC, doing business as Dagne Dover, for failing to provide an accessible website, www.dagnedover.com. The plaintiff alleges that he encountered multiple accessibility barriers while attempting to purchase products, including missing alternative text for images and broken navigation elements. The complaint cites violations of the Americans with Disabilities Act and New York state laws. Walker seeks injunctive relief to compel the defendant to make its website accessible and damages for the discrimination he faced.

About the defendant

operates an e-commerce website selling bags, travel goods, and accessories

What the complaint says

The problems the plaintiff describes with the website.

  • Plaintiff encountered accessibility barriers on the website preventing him from completing purchases.
  • Website lacks alternative text for images, empty buttons, and broken ARIA references.
  • Defendant has been previously sued for similar violations and failed to remediate issues.

Legal claims

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

  • Violations of the ADA, 42 U.S.C. § 12182 et seq.
  • Violation of the New York State Human Rights Law
  • Violation of New York State Civil Rights Law
  • Violations of the New York City Human Rights Law
  • Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Preliminary and permanent injunction requiring compliance with the ADA and WCAG standards.
  • Compensatory damages for violations of civil rights under New York laws.
  • Award of costs and expenses of this action together with reasonable attorneys’ and expert fees.

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 commercial website and encountered accessibility barriers