Teniya Booker, Jessica Meyer v. Merz Apothecary, Inc. dba Small Flower

Summary

According to the complaint, plaintiffs Teniya Booker and Jessica Meyer, both legally blind, are suing Merz Apothecary, Inc. dba Small Flower for failing to make its digital platform accessible, violating the Americans with Disabilities Act (ADA) and New York State Human Rights Law. They allege that they encountered significant barriers while attempting to access the website to purchase products, including inaccessible popups and missing screen reader focus on key content. The plaintiffs seek a permanent injunction requiring the defendant to improve accessibility, along with compensatory damages and attorneys' fees.

About the defendant

Designs, develops, manufactures, and distributes bath and body products and related items.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's digital properties are not accessible to legally blind individuals.
• Plaintiffs encountered barriers that denied them full access to Defendant's online goods and services.
• Defendant's use of Accessibility Overlays fails to meet accessibility standards.

Legal claims

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

• Title III of the ADA
• Violation of New York State Human Rights Law, Exec. Law, Article 15 § 290, et seq.

What the plaintiff asks for

What the plaintiff wants the court to order.

• Declaratory Judgment of violation of ADA and New York law
• Permanent injunction to ensure compliance with ADA
• Payment of costs of suit
• Payment of reasonable attorneys’ fees
• Payment of compensatory damages
• Payment of nominal damages
• Other relief deemed just and equitable