A visually-impaired man has filed a class-action lawsuit against a prominent hospitality company, alleging that its website is inaccessible to blind and visually-impaired users. Victor Andrews filed the complaint in the United States District Court for the Eastern District of New York on August 16, 2024, against Grupo Gitano, LLC.
According to the complaint, Andrews, who is legally blind and relies on screen-reading software to access digital content, claims that Grupo Gitano's website, Gitano.com, is riddled with accessibility barriers. These barriers prevent him and other visually-impaired individuals from independently navigating the site to learn about services such as luxury dining, event hosting, beach villas and suites accommodations. The plaintiff argues that this exclusion violates their rights under the Americans with Disabilities Act (ADA) and various New York state laws.
The lawsuit details numerous issues encountered by Andrews while attempting to use Gitano.com. These include inaccurate landmark structures, lack of accurate heading hierarchy, ambiguous interactive elements, and an inaccessible navigation menu. For instance, Andrews was unable to complete a reservation process due to these obstacles. "Unless Defendant remedies the numerous access barriers on its website," the complaint states, "Plaintiff and Class members will continue to be unable to independently navigate, browse and use Gitano.com."
Andrews asserts that Grupo Gitano's failure to make its website accessible constitutes discrimination under both federal and state laws. He points out that readily available technologies could easily make websites accessible but alleges that Grupo Gitano has chosen not to implement them. The plaintiff seeks a permanent injunction requiring Grupo Gitano to modify its policies and practices so that its website becomes fully accessible. Additionally, he seeks compensatory damages for himself and other class members who have faced similar discrimination.
The case is being handled by Asher Cohen PLLC with Asher Cohen serving as the attorney for the plaintiff. The case ID is 1:24-cv-5726.