Constance Henry v. Gary’s Market

Summary

According to the complaint, Constance Henry, a visually impaired individual, is suing Gary's Market for failing to make its website, Christmastraditions.com, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent visually impaired individuals from independently navigating and completing transactions. Henry claims that these barriers violate the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make the website accessible, along with compensatory damages for the class members affected by this discrimination.

About the defendant

Provides consumers access to an array of goods and services, including the ability to purchase a wide selection of year-round holiday products, including collectible glass ornaments, vintage-style holiday figures, and other Christmas-themed home accents.

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 transactions
• Defendant failed to provide necessary accommodations for screen-reader users

Legal claims

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

• Violation of the Americans with Disabilities Act (ADA)
• Declaratory Relief

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 the Website 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 together with reasonable attorneys’ and expert fees

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.