Judith Adela Fernandez Martinez v. Werner Gourmet Meat Snacks, Inc.
Filed
Case details
- Defendant’s website
Summary
According to the complaint, Judith Adela Fernandez Martinez, a visually-impaired individual, is suing Werner Gourmet Meat Snacks, Inc. for failing to make its website, https://wernerjerky.com/, accessible to blind users. The complaint alleges that the website contains multiple barriers that prevent blind individuals from accessing information about products, pricing, and services, violating the Americans with Disabilities Act (ADA) and other state laws. The plaintiff seeks a permanent injunction to require the defendant to make necessary changes to its website to ensure accessibility, as well as compensatory damages for the alleged discrimination.
About the defendant
Operates an online retail store offering meat snacks and related products, including information about pricing, terms of service, and policies.
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 multiple access barriers on the website preventing equal access to goods and services.
- Defendant has failed to comply with the ADA and other relevant laws regarding website accessibility.
Legal claims
The laws the plaintiff says the defendant broke, called causes of action.
- Violations of the ADA
- Violations of the NYSHRL
- Violations of the NYCHRL
- Violation of GBL § 349
What the plaintiff asks for
What the plaintiff wants the court to order.
- Permanent injunction requiring Defendant to make its website accessible to blind individuals.
- Compensatory damages for violations of civil rights under relevant laws.
- Attorney’s fees and costs.
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 offered by Defendant’s Website, during the relevant statutory period.