Marcos Calcano v. International Greenhouse Contractors LLC

Summary

According to the complaint, Marcos Calcano, a visually-impaired individual, is suing International Greenhouse Contractors LLC for failing to make its website, www.greenhousemegastore.com, accessible to blind users. The complaint alleges that the website contains numerous barriers that prevent blind individuals from accessing its products and services, violating the Americans with Disabilities Act (ADA) and New York State laws. Calcano claims he has been denied equal access to the website, which has caused him frustration and humiliation. He seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the alleged violations.

About the defendant

Operates an online retail store offering greenhouse structures, coverings, and garden supplies.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's website is not accessible to blind and visually-impaired persons.
• Plaintiff encountered multiple access barriers preventing full use of the website.
• Defendant failed to comply with WCAG 2.0 guidelines.

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 New York State Human Rights Law and GBL § 349.
• Reasonable attorneys’ 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.