Washington Benavides Moran v. Ludivine Madison Avenue, LLC

Summary

According to the complaint, Plaintiff WASHINGTON BENAVIDES MORAN, a visually-impaired individual, is suing LUDIVINE MADISON AVENUE, LLC for failing to make its website accessible as required by the Americans with Disabilities Act (ADA). The website, https://boutiqueludivine.com/, allegedly contains multiple barriers that prevent blind users from accessing its content and services, including missing alt-text for images and broken links. The plaintiff seeks a permanent injunction to require the defendant to improve website accessibility and claims damages for the discrimination faced due to these barriers.

About the defendant

Operates an online retail store offering clothing, footwear, and accessories, along with information about products, pricing, and policies.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's website is not accessible to blind and visually-impaired persons.
• Plaintiff encountered multiple access barriers on the website.
• Defendant has failed to comply with WCAG 2.0 guidelines.

Legal claims

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

• Violations of the ADA
• Violations of the NYSHRL
• Violations of the NYCHRL
• Violation of GBL § 349

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.
• Attorney’s fees and costs.

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 offered by Defendant’s Website, during the relevant statutory period.