Baran v. Oral Essentials Inc.

Summary

On September 3, 2020, Marcia Baran filed a Complaint in Connecticut Federal court against Oral Essentials Inc. . Plaintiff Marcia Baran alleges that www.oralessentials.com is not accessible.

About the defendant

Oral Essentials is a dentist-formulated line of oral hygiene products that utilizes ancient remedies like Dead Sea salt, aloe vera, and essential oils

What the complaint says

The problems the plaintiff describes with the website.

• Defendant constructed its Website such that the product options and checkout are not accessible.
• Defendant’s Website contains a promotional banner on the homepage that is not announced
• Defendant’s Website’s first two menu items are not announced to the screen reader user

Legal claims

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

• Title III of the ADA, 42 U.S.C. § 12181 et seq

What the plaintiff asks for

What the plaintiff wants the court to order.

• A Declaratory Judgment that at the commencement of this action Defendant was in violation of the specific requirements of Title III of the ADA described above, and the relevant implementing regulations of the ADA, in that Defendant took no action that was reasonably calculated to ensure that its Website was fully accessible to, and independently usable by, individuals with visual disabilities
• A permanent injunction pursuant to 42 U.S.C. § 12188(a)(2) and 28 CFR § 36.504(a), which directs Defendant to take all steps necessary to bring its Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that its Website is fully accessible to and independently usable by, blind individuals, and which further directs that the Court shall retain jurisdiction for a period to be determined to ensure that Defendant has adopted and is following an institutional policy that will cause them to remain fully in compliance with the law—the specific injunctive relief requested by Plaintiff is described more fully in paragraph 13 above.
• Payment of actual, statutory, and punitive damages, as the Court deems proper
• Payment of costs of suit
• Payment of reasonable attorneys’ fees, pursuant to 42 U.S.C. § 12205 and 28 CFR § 36.505, including costs of monitoring Defendant’s compliance with the judgment (see Gniewkowski v. Lettuce Entertain You Enterprises, Inc., Case No. 2:16-cv-01898-AJS (W.D. Pa. January 11, 2018) (ECF 191) (“Plaintiffs, as the prevailing party, may file a fee petition before the Court surrenders jurisdiction. Pursuant to Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, 478 U.S. 546, 559 (1986), supplemented, 483 U.S. 711 (1987), the fee petition may include costs to monitor Defendant’s compliance with the permanent injunction.”); see also Access Now, Inc. v. Lax World, LLC, No. 1:17-cv-10976-DJC (D. Mass. April 17, 2018) (ECF 11) (same)
• The provision of whatever other relief the Court deems just, equitable and appropriate
• An Order retaining jurisdiction over this case until Defendant has complied with the Court’s Orders.