Can we count your visit?

Our analytics service records the pages you view, so we can see which ones are useful. It saves a random ID in your browser, and we never use it for advertising. Read our privacy policy.

Geovanni Bahena Figueroa v. Miller Foods, Inc, d/b/a Oma’s Pride

Filed

Case details

Standards cited
WCAG 2.1

Summary

According to the complaint, plaintiff Geovanni Bahena Figueroa, a visually-impaired individual, is suing Miller Foods, Inc., doing business as Oma’s Pride, for failing to make its website, www.omaspride.com, accessible to blind users. The plaintiff alleges that he encountered numerous barriers while attempting to access the website to purchase pet food, which violated his rights under the Americans with Disabilities Act (ADA). The complaint seeks a permanent injunction requiring the defendant to comply with accessibility standards and to implement changes to ensure equal access for visually-impaired consumers.

About the defendant

Offers natural pet-nutrition products, including raw food blends, freeze-dried meals, treats, toppers, and supplements for pets.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is not accessible to blind and visually-impaired individuals.
  • Plaintiff encountered barriers preventing access to the website's goods and services.
  • Defendant failed to comply with WCAG 2.1 guidelines.

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.
  • Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Preliminary and permanent injunction to prohibit violations of the ADA.
  • Injunction requiring compliance with ADA standards for website accessibility.
  • Declaration of discrimination against blind individuals by the website.
  • Class certification under Fed. R. Civ. P. 23.
  • Payment of nominal damages.
  • Pre- and post-judgment interest.
  • Award of costs and expenses, including attorney 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 Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services, during the relevant statutory period.