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Justin Bullock v. Pascha Chocolate Company Inc.

Filed

Case details

Standards cited
WCAG 2.1

Summary

According to the complaint, Justin Bullock, a visually impaired individual, is suing Pascha Chocolate Company Inc. for failing to make its website, Lovochocolate.com, accessible to blind users. Bullock alleges that the website contains numerous barriers that prevent him from independently navigating and completing purchases, violating the Americans with Disabilities Act and New York state laws. He seeks a permanent injunction to require the company to make necessary changes to its website, as well as compensatory damages for the discrimination he faced. The complaint highlights specific access issues, including lack of alt-text for images and reliance on mouse navigation, which hinder blind users from accessing the site effectively.

About the defendant

Pascha Chocolate provides a wide array of vegan chocolates for online purchase, including product information, promotions, and customer engagement through social media.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is inaccessible to blind individuals, violating the ADA and state laws.
  • Plaintiff was unable to complete transactions on the website due to numerous access barriers.
  • Defendant has failed to implement necessary modifications to make the website accessible.

Legal claims

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

  • Violation of 42 U.S.C. §§ 12181 et seq. - Title III of the Americans with Disabilities Act
  • Violation of New York State Human Rights Law, N.Y. Exec. Law Article 15 (Executive Law § 292 et seq.)
  • Violation of New York State Civil Rights Law, NY CLS Civ R, Article 4 (CLS Civ R § 40 et seq.)
  • Violation of New York City Human Rights Law, N.Y.C. Administrative Code § 8-102, et seq.
  • Declaratory Relief

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 New York State Human Rights Law and City Law.
  • Plaintiff’s reasonable attorneys' fees, expenses, and costs of suit.