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Rosemarie Ramirez v. Kentucky Home Fashion, LLC

Filed

Case details

Standards cited
WCAG 2.1

Summary

According to the complaint, plaintiff Rosemarie Ramirez, a visually-impaired individual, is suing Kentucky Home Fashion, LLC for failing to make its website, www.magnushomeproducts.com, accessible to blind users. The plaintiff alleges that the website contains numerous barriers that prevent her from accessing its goods and services, violating the Americans with Disabilities Act (ADA). Key issues include missing alt-text, broken links, and a lack of compatibility with screen-reading software. The plaintiff seeks a permanent injunction to require the defendant to make the website accessible and to certify a class of similarly situated individuals.

About the defendant

An online retailer offering bathroom, kitchen, and household products, including freestanding tubs, fixtures, and home accessories.

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 barriers that denied her full and equal access to the website.
  • Defendant failed to comply with WCAG 2.1 guidelines.

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.
  • Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

  • A preliminary and permanent injunction to prohibit Defendant from violating the ADA.
  • An injunction requiring Defendant to make its website fully compliant with the ADA.
  • A declaration that Defendant’s website discriminates against the blind.
  • Certification of the Class under Fed. R. Civ. P. 23.
  • Payment of nominal damages.
  • Pre- and post-judgment interest.
  • An award of costs and expenses of this action together with reasonable attorneys’ and expert 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 Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services, during the relevant statutory period.