Constance Henry v. Chukar Cherry Company

Summary

According to the complaint, Constance Henry, a visually impaired individual, is suing Chukar Cherry Company for failing to make its website accessible to blind users. Henry alleges that the website, which offers gourmet snacks, contains significant barriers that prevent her and others from completing transactions independently. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks both injunctive relief to make the website accessible and compensatory damages for affected individuals. Henry claims that the website's design requires mouse usage, which is not feasible for visually impaired users, and that it lacks necessary features for screen-reader compatibility. The lawsuit aims to ensure equal access to the website for all users, regardless of disability.

About the defendant

Provides consumers access to an array of goods and services, including the ability to purchase dried cherries, chocolate covered cherries, berries, and roasted nuts as well as wine infused treats and gift sets.

What the complaint says

The problems the plaintiff describes with the website.

• Website is inaccessible to visually impaired individuals
• Access barriers prevent independent navigation and purchasing
• Defendant failed to implement necessary modifications for accessibility

Legal claims

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

• Violation of the Americans with Disabilities Act (ADA)

What the plaintiff asks for

What the plaintiff wants the court to order.

• Preliminary and permanent injunction to prohibit Defendant from violating the ADA
• Injunction requiring Defendant to make the Website compliant with the ADA
• Declaration that Defendant discriminates against the visually impaired
• Order certifying this case as a class action
• Pre- and post-judgment interest
• Award of costs and expenses of this action

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