Can we count your visit?

Our analytics service records the pages you view, so we can see which ones are useful. It saves a random ID in your browser, and we never use it for advertising. Read our privacy policy.

Lopez v. Hersha Hospitality Management L.P.

Filed

Case details

Summary

On May 13, 2019, Victor Lopez filed a Complaint in New York Federal court against Hersha Hospitality Management L.P.. Plaintiff Victor Lopez alleges that www.hersha.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Hersha Hospitality Managemetn L.P. owns and operates numerous hotels in the City of New York as well asmany other hotels in different parts of the State of New York

What the complaint says

The problems the plaintiff describes with the website.

  • Plaintiff was not able to determine from the reservation system on the Website what ADA compliant features, if any, the hotels offer and whether the guest rooms have handicap accessible facilities or communications equipment in the guest rooms suitable to blind or visually-impaired persons.

Legal claims

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

  • Violations of the ADA, 42 U.S.C. § 12181 et seq.
  • Violations of the NYSHRL
  • Violations of the NYCHRL
  • 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., N.Y.C. Admin. 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 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. Admin. Code § 8-107, et seq. and the laws of New York
  • An order certifying the Class and the State and City 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 and damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class for violations of their civil rights under the New York State Human Rights Law and New York City Law
  • Pre- and post-judgment interest
  • An award of costs and expenses of this action together with reasonable attorneys’ and expert fees
  • Such other and further relief as this Court deems just and proper