Mary Ann Deinnocentes v. Elan International Inc.

Case Summary

According to the complaint, Mary Ann Deinnocentes, a visually impaired individual, is suing Elan International Inc. for failing to make its website, shopelan.com, accessible to blind and visually impaired users. The complaint alleges that the website contains significant access barriers that prevent users from completing transactions independently, violating the Americans with Disabilities Act (ADA). Deinnocentes seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced. The complaint highlights specific accessibility issues encountered by Deinnocentes while attempting to navigate the website and emphasizes 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 independent navigation and purchasing
• Defendant failed to implement necessary modifications for accessibility

Requested Relief

• Preliminary and permanent injunction to prohibit violations of the ADA
• Injunction requiring compliance with ADA
• Declaration of discriminatory practices
• Class action certification
• Pre- and post-judgment interest
• Award of costs and attorney 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).