Can we count your visit?

Our analytics service records the pages you view, so we can see which ones are useful. It saves a random ID in your browser, and we never use it for advertising. Read our privacy policy.

Maria Powell v. EM Organics, LLC

Filed

Case details

Standards cited
WCAG 2.1

Summary

According to the complaint, Maria Powell, a legally blind individual, is suing EM Organics, LLC for violations of the Americans with Disabilities Act due to the inaccessibility of their e-commerce website, www.earthmamaorganics.com. Powell alleges that the website contains numerous barriers that prevent blind users from accessing product information and completing purchases. She claims that these barriers include missing alternative text, broken ARIA references, and unlabeled buttons. Powell seeks a permanent injunction requiring the defendant to make the website accessible and is representing a class of all legally blind individuals who have faced similar issues. The complaint cites the need for compliance with WCAG 2.1 standards to ensure equal access to the website's goods and services.

About the defendant

Operates a retail e-commerce platform selling organic personal-care products for pregnant women, breastfeeding mothers, newborns, and families.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is not accessible to blind and visually impaired individuals.
  • Plaintiff encountered numerous accessibility barriers preventing her from using the website effectively.
  • Defendant failed to comply with WCAG 2.1 standards.

Legal claims

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

  • Violations of the ADA, 42 U.S.C. § 12182 et seq.
  • New York State Human Rights Law
  • Violation of New York State Civil Rights Law
  • Violations of the New York City Human Rights Law
  • Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

  • A preliminary and permanent injunction prohibiting Defendant from violating Title III of the ADA.
  • A preliminary and permanent injunction requiring Defendant to make the website fully accessible.
  • A declaration that Defendant discriminates against blind individuals.
  • An order certifying the proposed Class and New York Subclass.
  • An award of costs, litigation expenses, and reasonable attorneys’ fees.

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 www.earthmamaorganics.com and, as a result of Defendant’s failure to design, construct, maintain, and operate the Website in an accessible manner, were denied equal access to the goods, services, and information offered thereon.