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Zachary Morris v. Luks Holdings, LLC

Filed

Case details

Standards cited
WCAG 2.1

Summary

According to the complaint, Plaintiff Zachary Morris, a visually-impaired individual, is suing Luks Holdings, LLC for failing to make its website, www.fotoncandle.com, accessible to blind users as required by the Americans with Disabilities Act (ADA). The complaint alleges that the website contains numerous barriers that prevent blind individuals from accessing its goods and services, including missing alt-text and broken links. Morris seeks a permanent injunction to require the defendant to make the website compliant with accessibility standards and to ensure that visually-impaired consumers can independently navigate and use the site. The lawsuit is filed as a class action on behalf of all legally blind individuals who have faced similar issues with the website.

About the defendant

Retailer specializing in pearled, refillable candles and candle sets, featuring products made from plant-based wax pearls, along with accessories such as cotton wicks and reusable glass containers.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant’s website is not equally accessible to blind and visually impaired consumers.
  • Plaintiff encountered barriers that denied full access to the website.
  • Defendant failed to construct and maintain a website that is accessible to visually impaired individuals.

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.

  • Preliminary and permanent injunction to prohibit Defendant from violating the ADA.
  • Injunction requiring Defendant to make its website fully compliant with the ADA.
  • Declaration that Defendant’s website discriminates against the blind.
  • Order certifying the Class and appointing Plaintiff as Class Representative.
  • Payment of nominal damages.
  • Pre- and post-judgment interest.
  • 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.