Plaintiff Victor Lopez, who is blind, has filed a complaint in a federal District court for the Southern District of New York, alleging that the website for Billionaire Boys Club and Ice Cream cannot be accessed by screen readers. The website, which sells clothing and miscellaneous items by musician and producer Pharrell Williams, didn’t manage to get lucky in avoiding a digital accessibility lawsuit.
The complaint alleges that the website, which sells a 28-inch figure of Bartman for $635, is in violation of Title III of the ADA, as well as Human Rights laws in New York State and New York City. The complaint also notes that since Billionaire Boys Club has a physical store location in New York City, it meets the definition of a place of public accommodation under the ADA. It also notes that there is a nexus between the physical store and the website because the site includes information about store locations and hours, as well as online gift card purchases. Whether or not a website can be a place of public accommodation is a blurred line where courts have reached differing conclusions.
In addition to the flagship store in New York City, Billionaire Boys Club has stores in Europe and Japan.
Victor Lopez is the plaintiff in 37 lawsuits, including suits against Neiman Marcus, Nintendo, and The Hershey Company. Given the plaintiff’s vehemence about this issue, he is unlikely to drop the lawsuit like it’s hot.
This blog post is for informational purposes only and does not constitute legal advice.