Plaintiff
- Name: Darren Cesario
- Filing Date: September 10, 2026
- Court: United States District Court Southern District of New York
- State: New York
- Attorney Firm: Joseph & Norinsberg, LLC
Defendant
- Name: DAVIDsTEA (USA) INC., DAVIDsTEA Inc.
- Website: www.davidstea.com
- Industry: Consumer Goods
- Standards Cited: WCAG 2.1 AA
- Summary: A specialty tea retailer that sells loose-leaf teas, prepacked teas, tea accessories, and related consumer products through an interactive e-commerce platform.
Case Summary
According to the complaint, Darren Cesario, a visually impaired individual, is suing DAVIDsTEA (USA) INC. and DAVIDsTEA Inc. for failing to provide an accessible website, www.davidstea.com. The plaintiff alleges that he encountered numerous accessibility barriers that prevented him from independently accessing product information and completing purchases. These barriers included missing alternative text for images, unlabeled buttons, and low contrast text, which violate the Americans with Disabilities Act and New York state laws. Cesario seeks injunctive relief to ensure the website is compliant with accessibility standards and compensatory damages for the discrimination he faced.
Causes of Action
- Violations of the ADA, 42 U.S.C. § 12182 et seq.
- New York State Human Rights Law (NYSHRL)
- Violations of the New York State Civil Rights Law
- Violations of the New York City Human Rights Law
Key Allegations
- Plaintiff encountered accessibility barriers on the Website including missing alternative text for images, unlabeled buttons, broken ARIA references, and low contrast text.
- Defendants failed to ensure the Website complies with WCAG 2.1 AA standards, denying equal access to blind consumers.
Requested Relief
- A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act.
- A declaration that Defendant owns, maintains and/or operates the Website in a discriminatory manner.
- Compensatory damages in an amount to be determined by proof.
Proposed Class
All legally blind individuals in the United States who, during the applicable limitations period, attempted to access and use www.davidstea.com and were denied full and equal enjoyment of its goods, services, privileges, advantages, or accommodations because of accessibility barriers.
Jurisdiction & Venue
This Court has subject matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12188, with supplemental jurisdiction under 28 U.S.C. § 1367 for state law claims.
