Mary Ann Deinnocentes v. Bolton US, Inc.

Case Summary

According to the complaint, Mary Ann Deinnocentes, a visually impaired individual, is suing Bolton US, Inc. for failing to make its website, wildplanetfoods.com, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent visually impaired individuals from independently navigating and completing transactions. Deinnocentes claims that these barriers violate the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make the website accessible, along with compensatory damages for affected individuals. The complaint also seeks class action certification for all legally blind individuals who have faced similar issues with the website.

Causes of Action

• Violation of the Americans with Disabilities Act (ADA)
• Declaratory Relief

Key Allegations

• Website is inaccessible to visually impaired individuals
• Access barriers prevent independent navigation and 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

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).