Lopez v. Denihan Ownership Company, LLC
Filed
Case details
- Defendant’s website
Summary
On June 21, 2019, Victor Lopez filed a Complaint in New York Federal court against Denihan Hospitality Group, LLC. Plaintiff Victor Lopez alleges that www.jameshotels.com is not accessible per the WCAG 2.0 accessibility standard(s).
About the defendant
Denihan Hospitality Group, LLC owns and operates the two James Hotel locations in New York City.
What the complaint says
The problems the plaintiff describes with the website.
- Website fails to include information relating to the accessibility features of its facilities and information relating to its accessible guest rooms in enough detail on its reservation system to permit Plaintiff to access whether the facility and/or the guest room meets its individual needs.
Legal claims
The laws the plaintiff says the defendant broke, called causes of action.
- Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
- New York State Human Rights Law
- New York City Human Rights Law
- Declaratory Relief
What the plaintiff asks for
What the plaintiff wants the court to order.
- A preliminary and permanent injunction to prohibit Defendantfrom violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws ofNew York;
- A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
- A declaration that Defendant owns, maintains and/or operates its Website in a manner that 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., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
- An order certifying the Class and Sub-Classes under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel;
- Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and subclasses for violations of their civil rights under New York State Human Rights Law and City Law;
- Pre- and post-judgment interest;
- An award of costs and expenses of the action together withreasonable attorneys’ and expert fees; and
- Such other and further relief as this Court deems just and proper.