Constance Henry v. Gary's Market

Case Summary

According to the complaint, Constance Henry, a visually impaired individual, is suing Gary's Market for failing to make its website, Christmastraditions.com, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent visually impaired individuals from independently navigating and completing transactions. Henry claims that these barriers violate the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make the website accessible, along with compensatory damages for the class members affected by this discrimination.

Causes of Action

• Violation of the Americans with Disabilities Act (ADA)
• Declaratory Relief

Key Allegations

• Website is inaccessible to visually impaired individuals
• Access barriers prevent independent navigation and transactions
• Defendant failed to provide necessary accommodations for screen-reader users

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 the Website 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 together with reasonable attorneys’ and expert fees

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) because Defendant conducts business in this District and a substantial portion of the conduct complained of occurred here.