Mary Ann Deinnocentes v. Totes Isotoner Corporation

Case Summary

According to the complaint, plaintiff Mary Ann Deinnocentes, a visually impaired individual, is suing Totes Isotoner Corporation for failing to make its website, https://www.isotoner.com/, accessible to blind users. Deinnocentes alleges that the website contains significant barriers that prevent her and others from completing transactions independently, violating the Americans with Disabilities Act (ADA). The complaint details various accessibility issues, including the lack of alternative text for images and the requirement to use a mouse for navigation. Deinnocentes seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the class of visually impaired individuals affected.

Causes of Action

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

Key Allegations

• Website is inaccessible to visually impaired individuals
• Failure to provide necessary accommodations for screen-reader users
• Denial of equal access to goods and services offered online

Requested Relief

• Permanent injunction requiring Defendant to make the Website accessible
• Compensatory damages for Class Members
• Certification of this case as a class action

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).