Washington Benavides Moran v. Morinaga America, Inc.

Summary

According to the complaint, plaintiff WASHINGTON BENAVIDES MORAN is suing MORINAGA AMERICA, INC. for failing to make its website, www.hi-chew.com, accessible to blind and visually-impaired individuals, violating the Americans with Disabilities Act (ADA). The plaintiff alleges that he encountered multiple barriers while attempting to access the website, which prevented him from obtaining information about and purchasing products. The complaint seeks a permanent injunction to require the defendant to improve website accessibility and compensatory damages for the alleged violations.

About the defendant

Operates an online retail store selling confectionery products, including chewing candy, and provides information about products, pricing, and policies.

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 preventing full use of the website.
• Defendant has failed to comply with WCAG 2.0 guidelines.

Legal claims

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

• Violations of the ADA
• Violations of the NYSHRL
• Violations of the NYCHRL
• Violation of GBL § 349

What the plaintiff asks for

What the plaintiff wants the court to order.

• Permanent injunction requiring Defendant to make its Website accessible to blind individuals.
• Compensatory damages for violations of civil rights under New York State Human Rights Law and GBL § 349.
• Reasonable attorneys’ fees and costs.

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 offered by Defendant’s Website, during the relevant statutory period.