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Ashante Diaz v. Mush Foods, Inc.

Filed

Case details

Standards cited
WCAG 2.1 Level AA

Summary

According to the complaint, Ashante Diaz, a legally blind individual, is suing Mush Foods, Inc. for failing to make its website, www.eatmush.com, accessible to blind and visually impaired users. The plaintiff alleges that she encountered multiple barriers while attempting to access the website to purchase food products, including inaccessible buttons and missing alternative text for images. The complaint cites violations of the Americans with Disabilities Act and New York State laws, seeking injunctive relief to ensure the website complies with accessibility standards and compensatory damages for the discrimination faced.

About the defendant

Mush Foods offers refrigerated ready-to-eat nutrition products, including overnight oats and protein bars, along with customizable subscription services.

What the complaint says

The problems the plaintiff describes with the website.

  • Plaintiff encountered multiple access barriers on the website preventing meaningful engagement with its services.
  • Defendant's website lacks proper structural coding, sufficient color contrast, text alternatives for non-text elements, and pause controls for moving media.
  • Plaintiff was unable to independently access, evaluate, or purchase any products due to accessibility failures.

Legal claims

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

  • Violations of the ADA, 42 U.S.C. § 12182 et seq.
  • New York State Human Rights Law (NYSHRL)
  • Violation of New York State Civil Rights Law (NYCRL)
  • Violations of the New York City Human Rights Law (NYCHRL)
  • Declaratory Relief

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 discriminates against the blind and fails to provide access as required by law.
  • Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines.

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 the Website and were denied equal access to its products, services, and support due to persistent digital accessibility barriers during the relevant statutory period.