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Timothy Hernandez v. Maribel’s Sweets, Inc.

Filed

Case details

Summary

According to the complaint, Timothy Hernandez, a visually impaired individual, is suing Maribel’s Sweets, Inc. for failing to make its website, www.mariebelle.com, accessible to blind users. The complaint alleges that Hernandez encountered numerous barriers while trying to purchase a chocolate bar, including missing alt-text and broken links, which prevented him from accessing the website's content. The plaintiffs allege violations of the Americans with Disabilities Act (ADA) and New York City Human Rights Law (NYCHRL), seeking a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced. The complaint highlights the need for compliance with WCAG 2.1 guidelines to ensure equal access for visually impaired consumers.

About the defendant

Offers gourmet chocolates, hot chocolate, artisanal confections, and signature ganache collections for online sale.

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 multiple access barriers while attempting to use the website.
  • Defendant has 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.
  • Violations of the NYCHRL
  • Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

  • Permanent injunction requiring Defendant to make the website accessible.
  • Compensatory damages for violations of civil rights under New York City Human Rights Law.
  • Certification of the Class and Sub-Classes.

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.