Kane Brolin, Sylvia Santos v. Noushig, Inc.

Summary

According to the complaint, plaintiffs Kane Brolin and Sylvia Santos, both legally blind, are suing NOUSHIG, INC. for failing to make its website, https://amoretti.com/, accessible as required by the ADA and New York State Human Rights Law. They allege that they encountered significant barriers while attempting to access the site to purchase products, including inaccessible promotional pop-ups and catalogs. The plaintiffs seek a permanent injunction to require the defendant to improve accessibility, along with compensatory damages and attorneys' fees.

About the defendant

Designs, develops, manufactures, and distributes concentrated ingredients for baking, pastry, and beverages, specializing in artisan natural flavors, extracts, syrups, and related products.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's digital properties are not accessible to legally blind individuals.
• Plaintiffs encountered barriers that denied them full and equal access to Defendant's online goods, content, and services.
• Accessibility barriers include inaccessible promotional pop-ups, catalogs, and unlabeled elements.

Legal claims

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

• Title III of the ADA
• Violation of New York State Human Rights Law, Exec. Law, Article 15 § 290, et seq.

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 laws.
• A permanent injunction requiring Defendant to make its Digital Platform accessible.
• Payment of costs of suit.
• Payment of reasonable attorneys’ fees.
• Payment of compensatory damages.
• Payment of nominal damages.