Kelly Smith, Jessica Meyer v. Shell Lumber Company

Summary

According to the complaint, plaintiffs Kelly Smith and Jessica Meyer, both legally blind, are suing Shell Lumber Company for failing to make its digital platform accessible, violating the Americans with Disabilities Act (ADA) and New York State Human Rights Law. They allege that they encountered significant barriers while attempting to access the website to purchase products, which denied them equal access to the services offered. The plaintiffs seek a permanent injunction requiring the defendant to improve accessibility on its website and various forms of damages. The complaint highlights specific accessibility issues, including inaccessible promotional popups and product carousels, which hinder the ability of visually impaired users to navigate the site effectively.

About the defendant

Design Shop by Shell designs, develops, manufactures, and distributes décor, lighting, furniture, 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 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 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.