Maria Powell v. EM Organics, LLC

Case Summary

According to the complaint, Maria Powell, a legally blind individual, is suing EM Organics, LLC for violations of the Americans with Disabilities Act due to the inaccessibility of their e-commerce website, www.earthmamaorganics.com. Powell alleges that the website contains numerous barriers that prevent blind users from accessing product information and completing purchases. She claims that these barriers include missing alternative text, broken ARIA references, and unlabeled buttons. Powell seeks a permanent injunction requiring the defendant to make the website accessible and is representing a class of all legally blind individuals who have faced similar issues. The complaint cites the need for compliance with WCAG 2.1 standards to ensure equal access to the website's goods and services.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• New York State Human Rights Law
• Violation of New York State Civil Rights Law
• Violations of the New York City Human Rights Law
• Declaratory Relief

Key Allegations

• Defendant's website is not accessible to blind and visually impaired individuals.
• Plaintiff encountered numerous accessibility barriers preventing her from using the website effectively.
• Defendant failed to comply with WCAG 2.1 standards.

Requested Relief

• A preliminary and permanent injunction prohibiting Defendant from violating Title III of the ADA.
• A preliminary and permanent injunction requiring Defendant to make the website fully accessible.
• A declaration that Defendant discriminates against blind individuals.
• An order certifying the proposed Class and New York Subclass.
• An award of costs, litigation expenses, and reasonable attorneys’ fees.

Proposed Class

All legally blind individuals in the United States who have attempted to access www.earthmamaorganics.com and, as a result of Defendant’s failure to design, construct, maintain, and operate the Website in an accessible manner, were denied equal access to the goods, services, and information offered thereon.

Jurisdiction & Venue

This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 because Plaintiff’s claims arise under the laws of the United States, including Title III of the Americans with Disabilities Act.