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Phyllis Hampton v. The Malnati Organization, LLC

Filed

Case details

Summary

According to the complaint, Phyllis Hampton, a visually-impaired individual, is suing The Malnati Organization, LLC for failing to make their website, Loumalnatis.com, accessible to blind users. Hampton alleges that the website contains significant barriers that prevent her and others with visual impairments from completing transactions and accessing services. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make the website accessible, along with compensatory damages for the class members affected by the discrimination.

About the defendant

Provides a wide array of restaurant services including pizza, frozen pizzas, pastas, salads, and desserts for dine-in and delivery, as well as gift packages.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is inaccessible to blind individuals
  • Plaintiff encountered multiple accessibility barriers on the website
  • Defendant failed to provide equal access to services offered on the website

Legal claims

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

  • Violation of 42 U.S.C. §§ 12181 et seq. – Title III of the Americans with Disabilities Act
  • Declaratory Relief
  • Negligent Infliction of Emotional Distress

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 the ADA
  • Declaration of discrimination against the blind
  • Class action certification
  • Payment of nominal damages
  • Pre- and post-judgment interest
  • Award of costs and expenses
  • Punitive damages
  • Compensatory damages

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 Loumalnatis.com and as a result have been denied access to the enjoyment of services offered by Loumalnatis.com, during the relevant statutory period.