Plaintiff
- Name: Constance Henry
- Filing Date: March 8, 2026
- Court: United States District Court Northern District of Illinois
- State: Illinois
- Attorney Firm: Equal Access Law Group, PLLC
Defendant
- Name: Chukar Cherry Company
- Website: www.chukar.com
- Industry: Consumer Goods
- Standards Cited: WCAG 2.2
- Summary: Provides consumers access to an array of goods and services, including the ability to purchase dried cherries, chocolate covered cherries, berries, and roasted nuts as well as wine infused treats and gift sets.
Case Summary
According to the complaint, Constance Henry, a visually impaired individual, is suing Chukar Cherry Company for failing to make its website accessible to blind users. Henry alleges that the website, which offers gourmet snacks, contains significant barriers that prevent her and others from completing transactions independently. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks both injunctive relief to make the website accessible and compensatory damages for affected individuals. Henry claims that the website's design requires mouse usage, which is not feasible for visually impaired users, and that it lacks necessary features for screen-reader compatibility. The lawsuit aims to ensure equal access to the website for all users, regardless of disability.
Causes of Action
- Violation of the Americans with Disabilities Act (ADA)
Key Allegations
- Website is inaccessible to visually impaired individuals
- Access barriers prevent independent navigation and purchasing
- Defendant failed to implement necessary modifications for accessibility
Requested Relief
- Preliminary and permanent injunction to prohibit Defendant from violating the ADA
- Injunction requiring Defendant to make the Website compliant with the ADA
- Declaration that Defendant discriminates against the visually impaired
- Order certifying this case as a class action
- Pre- and post-judgment interest
- Award of costs and expenses of this action
Proposed Class
all legally blind individuals in the United States who have attempted to access the Website and as a result have been denied access to the enjoyment of goods and services offered by the Website, during the relevant statutory period.
Jurisdiction & Venue
This Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12182; venue is proper under 28 U.S.C. §1391(b)(1) and (2).
