Plaintiff
- Name: Jose Nonato
- Filing Date: April 27, 2026
- Court: United States District Court Northern District of Illinois
- State: Illinois
- Attorney Firm: Equal Access Law Group, PLLC
Defendant
- Name: Garden Tower Project, LLC
- Website: www.gardentowerproject.com
- Industry: Consumer Goods
- Standards Cited: WCAG 2.2
- Summary: Provides consumers access to a wide array of gardening supplies and equipment, including vertical composting garden towers, self-watering planter systems, seed starting kits, and related gardening products.
Case Summary
According to the complaint, Jose Nonato, a visually impaired individual, is suing Garden Tower Project, LLC for failing to make its website, https://www.gardentowerproject.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). Nonato alleges that the website contains significant barriers that prevent him and others from completing transactions independently. He seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced. The complaint highlights various accessibility issues, including the lack of alternative text for images and the requirement of mouse use for transactions, which excludes visually impaired individuals from accessing the website's services.
Causes of Action
- Violation of the Americans with Disabilities Act (ADA)
Key Allegations
- Website is inaccessible to visually impaired individuals
- Access barriers prevent blind users from completing transactions
- Defendant failed to implement necessary accessibility features
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 visually impaired individuals
- Class action certification
- 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.
