Martinez v. Team Beans, LLC

Summary

On May 18, 2020, Pedro Martinez filed a Complaint in New York Federal court against Team Beans, LLC . Plaintiff Pedro Martinez alleges that www.foco.com is not accessible.

About the defendant

Team Beans, L.L.C. distributes sports novelties and collectibles.

What the complaint says

The problems the plaintiff describes with the website.

• There are many important pictures on Foco.com that lack a text equivalent.
• Foco.com also lacks prompting information and accommodations necessary to allow blind shoppers who use screen-readers to locate and accurately fill-out online forms.
• Blind customers are not aware if the desired products, such as face masks, have been added to the shopping cart because the screen-reader does not indicate the type of product.
• Plaintiff was unable to complete a purchase or find the "Add to Cart" button
• Foco.com lacks accessible image maps.

Legal claims

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

• Violation of 42 U.S.C. §§ 12181 et seq. – Title III of the Americans with Disabilities Act
• Violation of New York State Human Rights Law, N.Y. Exec. Law Article 15 (Executive Law § 292 et seq.
• Violation of New York State Civil Rights Law, NY CLS Civ R, Article 4 (CLS Civ R § 40 et seq.)
• Violation of New York City Human Rights Law, N.Y.C. Administrative Code § 8-102, et seq.
• Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York
• A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its website, Foco.com, into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that Foco.com is readily accessible to and usable by blind individuals
• A declaration that Defendant owns, maintains and/or operates its website, Foco.com, in a manner which discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York
• An order certifying this case as a class action under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel
• An order directing Defendants to continually update and maintain its website to ensure that it remains fully accessible to and usable by the visually-impaired
• Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff and the proposed class for violations of their civil rights under New York State Human Rights Law and City Law
• Plaintiff’s reasonable attorneys’ fees, expenses, and costs of suit as provided by state and federal law
• For pre- and post-judgment interest to the extent permitted by law
• For such other and further relief which this court deems just and proper.