Judith Adela Fernandez Martinez v. KSR VENTURE, LLC

Case Summary

According to the complaint, Judith Adela Fernandez Martinez, a visually-impaired individual, is suing KSR Venture, LLC for failing to make its website, https://oramethod.com/, accessible to blind users. The complaint alleges that the website contains multiple barriers that prevent blind individuals from accessing its goods and services, violating the Americans with Disabilities Act (ADA). The plaintiff seeks a permanent injunction to require the defendant to change its website policies to ensure accessibility, as well as compensatory damages for the discrimination faced. The case highlights the importance of web accessibility for individuals with disabilities and the legal obligations of businesses to comply with accessibility standards.

Causes of Action

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

Key Allegations

• Defendant's website is not accessible to blind and visually-impaired individuals.
• Plaintiff encountered multiple access barriers on the website.
• Defendant has failed to comply with the ADA and other relevant laws.

Requested Relief

• Permanent injunction requiring Defendant to make its website accessible.
• Compensatory damages for violations of civil rights.
• Attorney's fees and costs.

Proposed Class

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.

Jurisdiction & Venue

The Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12181, as Plaintiff’s claims arise under Title III of the ADA.