Geovanni Bahena Figueroa v. The Music Emporium, Inc.

Summary

According to the complaint, Plaintiff GEOVANNI BAHENA FIGUEROA, a visually-impaired individual, is suing THE MUSIC EMPORIUM, INC. for failing to make its website, www.themusicemporium.com, accessible under the Americans with Disabilities Act (ADA). The plaintiff alleges that he encountered numerous barriers while attempting to access the website to purchase a Northfield Big Mon Sunburst instrument, including missing alt-text and broken links, which prevented him from enjoying the same shopping experience as sighted individuals. The plaintiff seeks a permanent injunction requiring the defendant to make its website accessible and to comply with WCAG 2.1 guidelines.

About the defendant

A specialty retailer focused on fine acoustic instruments, offering curated selections of guitars, mandolin-family instruments, banjos, ukuleles, and supporting accessories.

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 that denied full access to the website.
• 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.

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA.
• An order requiring Defendant to make its website fully compliant with the ADA.
• A declaration that Defendant’s website discriminates against the blind.

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.