Jose Nonato v. Rodd & Gunn USA Retail, Inc.

Case Summary

According to the complaint, Jose Nonato, a visually impaired individual, is suing Rodd & Gunn USA Retail, Inc. for failing to make its website accessible to blind users, violating the Americans with Disabilities Act (ADA). Nonato alleges that he encountered multiple barriers while attempting to purchase a polo shirt on the website, which prevented him from completing the transaction. The complaint seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced by Nonato and other class members. The case highlights the importance of web accessibility for visually impaired individuals and the need for compliance with established accessibility guidelines.

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 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 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).