Jose Nonato v. Garden Tower Project, LLC
Filed
Case details
- Defendant’s website
- Standards cited
- WCAG 2.2
Summary
According to the complaint, Jose Nonato, a visually impaired individual, is suing Garden Tower Project, LLC for failing to make its website, https://www.gardentowerproject.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). Nonato alleges that the website contains significant barriers that prevent him and others from completing transactions independently. He seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced. The complaint highlights various accessibility issues, including the lack of alternative text for images and the requirement of mouse use for transactions, which excludes visually impaired individuals from accessing the website's services.
About the defendant
Provides consumers access to a wide array of gardening supplies and equipment, including vertical composting garden towers, self-watering planter systems, seed starting kits, and related gardening products.
What the complaint says
The problems the plaintiff describes with the website.
- Website is inaccessible to visually impaired individuals
- Access barriers prevent blind users from completing transactions
- Defendant failed to implement necessary accessibility features
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 the Website discriminates against visually impaired individuals
- Class action certification
- 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.