Mary Ann Deinnocentes v. Elan International Inc.

Summary

According to the complaint, Mary Ann Deinnocentes, a visually impaired individual, is suing Elan International Inc. for failing to make its website, shopelan.com, accessible to blind and visually impaired users. The complaint alleges that the website contains significant access barriers that prevent users from completing transactions independently, violating the Americans with Disabilities Act (ADA). Deinnocentes seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced. The complaint highlights specific accessibility issues encountered by Deinnocentes while attempting to navigate the website and emphasizes the need for compliance with established accessibility guidelines.

About the defendant

Provides an online platform for consumers to purchase a wide selection of women's bohemian-inspired apparel, including dresses, tops, sweaters, bottoms, jackets, jumpsuits, and crochet cover-ups.

What the complaint says

The problems the plaintiff describes with the website.

• Website is inaccessible to visually impaired individuals
• Access barriers prevent independent navigation and purchasing
• Defendant failed to implement necessary modifications for accessibility

Legal claims

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

• Violation of the Americans with Disabilities Act (ADA)

What the plaintiff asks for

What the plaintiff wants the court to order.

• Preliminary and permanent injunction to prohibit violations of the ADA
• Injunction requiring compliance with ADA
• Declaration of discriminatory practices
• Class action certification
• Pre- and post-judgment interest
• Award of costs and attorney 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 the Website and as a result have been denied access to the enjoyment of goods and services offered by the Website, during the relevant statutory period.