Amelia Cazares v. Kohler Co.

Summary

According to the complaint, Plaintiff AMELIA CAZARES is suing Kohler Co. for failing to make their website, Kohler.com, accessible to blind and visually-impaired individuals. The complaint alleges that the website contains significant access barriers, preventing users from completing transactions independently. Cazares claims that these barriers violate the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require Kohler to make necessary changes to their website. The complaint highlights specific issues such as the lack of keyboard navigation and ambiguous link texts that hinder accessibility. Plaintiffs allege that Kohler's practices deny equal access to their goods and services, impacting the ability of blind individuals to participate in online shopping.

About the defendant

Kohler.com provides a wide array of goods and services including kitchen and bathroom fixtures, faucets, sinks, toilets, bathtubs, showers, furniture, cabinetry, and lighting for online purchase.

What the complaint says

The problems the plaintiff describes with the website.

• Kohler's website is not accessible to blind and visually-impaired persons
• Plaintiff encountered significant access barriers on Kohler.com
• Kohler's website design requires mouse usage, which is inaccessible to blind users
• Plaintiff was denied the ability to independently navigate and make purchases on Kohler.com

Legal claims

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

• Violation of 42 U.S.C. §§ 12181 et seq. – Title III of the Americans with Disabilities Act
• Declaratory Relief
• Negligent Infliction of Emotional Distress

What the plaintiff asks for

What the plaintiff wants the court to order.

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act
• A declaration that Defendant’s website discriminates against the blind
• An order certifying this case as a class action
• Payment of nominal damages
• Compensatory damages in an amount to be determined at trial

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 Kohler.com and as a result have been denied access to the enjoyment of goods and services offered by Kohler.com, during the relevant statutory period.