Plaintiff
- Name: Ashante Diaz
- Filing Date: August 25, 2026
- Court: United States District Court Southern District of New York
- State: New York
- Attorney Firm: Joseph & Norinsberg, LLC
Defendant
- Name: Mush Foods, Inc.
- Website: www.eatmush.com
- Industry: Food Products
- Standards Cited: WCAG 2.1 Level AA
- Summary: Mush Foods offers refrigerated ready-to-eat nutrition products, including overnight oats and protein bars, along with customizable subscription services.
Case Summary
According to the complaint, Ashante Diaz, a legally blind individual, is suing Mush Foods, Inc. for failing to make its website, www.eatmush.com, accessible to blind and visually impaired users. The plaintiff alleges that she encountered multiple barriers while attempting to access the website to purchase food products, including inaccessible buttons and missing alternative text for images. The complaint cites violations of the Americans with Disabilities Act and New York State laws, seeking injunctive relief to ensure the website complies with accessibility standards and compensatory damages for the discrimination faced.
Causes of Action
- Violations of the ADA, 42 U.S.C. § 12182 et seq.
- New York State Human Rights Law (NYSHRL)
- Violation of New York State Civil Rights Law (NYCRL)
- Violations of the New York City Human Rights Law (NYCHRL)
- Declaratory Relief
Key Allegations
- Plaintiff encountered multiple access barriers on the website preventing meaningful engagement with its services.
- Defendant's website lacks proper structural coding, sufficient color contrast, text alternatives for non-text elements, and pause controls for moving media.
- Plaintiff was unable to independently access, evaluate, or purchase any products due to accessibility failures.
Requested Relief
- A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act.
- A declaration that Defendant discriminates against the blind and fails to provide access as required by law.
- Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines.
Proposed Class
all legally blind individuals in the United States who have attempted to access the Website and were denied equal access to its products, services, and support due to persistent digital accessibility barriers during the relevant statutory period.
Jurisdiction & Venue
This Court has subject-matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 and 42 U.S.C. § 12182 because Plaintiff’s claims arise under Title III of the Americans with Disabilities Act.
