Washington Moran v. PETER MILLAR LLC

Case Summary

According to the complaint, Plaintiff WASHINGTON MORAN, a visually-impaired individual, is suing PETER MILLAR LLC for failing to make its website accessible as required by the Americans with Disabilities Act (ADA). The website, https://www.gfore.com/, allegedly contains multiple barriers that prevent blind users from accessing its goods and services. Plaintiff claims that these barriers include lack of alternative text for images, broken links, and other accessibility issues. The complaint seeks a permanent injunction to require the Defendant to make its website accessible and compensatory damages for the alleged violations. Plaintiffs allege that the inaccessibility of the website has caused frustration and humiliation, violating their rights under the ADA and New York State laws.

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 preventing equal access to goods and services.
• Defendant has failed to comply with the ADA and other relevant laws.

Requested Relief

• Permanent injunction requiring Defendant to make its website accessible to blind individuals.
• Compensatory damages for violations of civil rights under New York State laws.
• 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.