Holger Fiallo, Karen Blachowicz v. Himalayan Treasures Earths Elements, LLC

Summary

According to the complaint, plaintiffs Holger Fiallo and Karen Blachowicz, both legally blind, are suing Himalayan Treasures Earths Elements, LLC for failing to make its digital platform accessible, violating the Americans with Disabilities Act and, for Karen Blachowicz, a New York resident, the New York State Human Rights Law. They allege that they encountered significant barriers while attempting to access the website to purchase products, including issues with screen reader compatibility. The plaintiffs seek a permanent injunction to require the defendant to improve accessibility, along with damages and attorney fees.

About the defendant

Designs, develops, manufactures, and distributes crystals and spiritual wellness products.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's digital properties are not accessible to individuals with visual disabilities.
• Plaintiffs encountered barriers that denied them full access to Defendant's online goods and services.

Legal claims

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

• Title III of the Americans with Disabilities Act
• New York State Human Rights Law (plaintiff Karen Blachowicz only)

What the plaintiff asks for

What the plaintiff wants the court to order.

• A Declaratory Judgment that Defendant was in violation of the ADA and New York law.
• A permanent injunction requiring Defendant to make its Digital Platform accessible.
• Payment of costs of suit and reasonable attorneys’ fees.
• Payment of compensatory and nominal damages.