Timothy Hernandez v. FRETCA, LLC

Summary

According to the complaint, Timothy Hernandez, a visually impaired individual, is suing Fretca, LLC for failing to make its website, www.kleinepsteinparker.com, accessible. The complaint alleges that the website contains numerous barriers that prevent blind users from fully accessing its services, including missing alt-text and broken links. Hernandez claims that these issues violate the Americans with Disabilities Act (ADA) and New York City Human Rights Law (NYCHRL). He seeks a permanent injunction to require the defendant to make the website accessible and to provide compensatory damages for the discrimination faced. The complaint highlights the need for compliance with WCAG 2.1 guidelines to ensure equal access for visually impaired individuals.

About the defendant

An online store offering bespoke custom suits, shoes, and accessories designed for individual style.

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 was denied the ability to schedule an appointment due to website barriers.
• Defendant failed to comply with WCAG 2.1 guidelines.

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.
• Violations of the NYCHRL
• Declaratory Relief

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 under New York City Human Rights Law.
• Certification of the Class and Sub-Classes.

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, during the relevant statutory period.