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Nestor A. Proveyer v. EL Car Wash, LLC

Filed

Case details

Standards cited
WCAG 2.0 Level AA

Summary

According to the complaint, Nestor A. Proveyer is suing EL CAR WASH, LLC for violations of the Americans with Disabilities Act (ADA) due to accessibility barriers on their website, https://elcarwash.com/. Proveyer, who is visually impaired, alleges that he encountered numerous issues while attempting to navigate the site, including unlabeled graphics and inaccessible menus, which prevented him from purchasing a car wash membership. He seeks declaratory and injunctive relief to ensure the website is accessible, as well as damages for trespass related to unauthorized software on his computer. The complaint cites specific ADA violations and requests that the court mandate changes to the website to comply with accessibility standards.

About the defendant

sells car wash memberships and gift cards

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website contains access barriers preventing effective use by visually disabled individuals
  • Plaintiff encountered unlabeled graphics, inaccessible menus, and improperly formatted navigation elements
  • Plaintiff was unable to purchase products or services due to website inaccessibility

Legal claims

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

  • Violation of the ADA
  • Trespass

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Declaratory judgment that Defendant’s website violates the ADA
  • Injunctive relief to update the website for accessibility
  • Compensatory damages for trespass
  • Attorney’s fees and costs