Kevin Orcel v. The Old Yew Plant Shop, LLC

Case Summary

According to the complaint, Plaintiff KEVIN ORCEL, a visually-impaired individual, is suing THE OLD YEW PLANT SHOP, LLC for failing to make its website, www.theoldyew.com, accessible under the Americans with Disabilities Act (ADA). The plaintiff alleges that he encountered multiple barriers while attempting to purchase a ZZ plant, which prevented him from accessing the website's goods and services. Key issues include missing alt-text, broken links, and a lack of keyboard navigability. The plaintiff seeks a permanent injunction to require the defendant to make its website accessible and to implement corporate policies ensuring ongoing compliance with accessibility standards.

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 full use of the website.
• Defendant has failed to comply with ADA requirements.

Requested Relief

• Permanent injunction requiring Defendant to make its website accessible.
• Declaration that Defendant's website discriminates against blind individuals.
• Certification of the Class.

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).