Geovanni Bahena Figueroa v. Miller Foods, Inc, d/b/a Oma’S Pride

Case Summary

According to the complaint, plaintiff Geovanni Bahena Figueroa, a visually-impaired individual, is suing Miller Foods, Inc., doing business as Oma’s Pride, for failing to make its website, www.omaspride.com, accessible to blind users. The plaintiff alleges that he encountered numerous barriers while attempting to access the website to purchase pet food, which violated his rights under the Americans with Disabilities Act (ADA). The complaint seeks a permanent injunction requiring the defendant to comply with accessibility standards and to implement changes to ensure equal access for visually-impaired consumers.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• Declaratory Relief

Key Allegations

• Defendant's website is not accessible to blind and visually-impaired individuals.
• Plaintiff encountered barriers preventing access to the website's goods and services.
• Defendant failed to comply with WCAG 2.1 guidelines.

Requested Relief

• Preliminary and permanent injunction to prohibit violations of the ADA.
• Injunction requiring compliance with ADA standards for website accessibility.
• Declaration of discrimination against blind individuals by the website.
• Class certification under Fed. R. Civ. P. 23.
• Payment of nominal damages.
• Pre- and post-judgment interest.
• Award of costs and expenses, including attorney fees.

Proposed Class

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.

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).