Plaintiff
- Name: Norma O. Gazonni
- Filing Date: July 12, 2026
- Court: United States District Court Southern District of Florida
- State: Florida
- Attorney Firm: Brasil & Brasil, P.A.
Defendant
- Name: The Fresh Market, Inc.
- Website: thefreshmarket.com
- Industry: Retailing
- Standards Cited: 2.4.4, 4.1.2, 3.2.2, 4.1.3, 2.4.3, 2.4.6, 1.3.1, 3.3.1, 3.3.2.
- Summary: Operates grocery stores and an e-commerce platform for purchasing groceries online.
Case Summary
According to the complaint, Norma O. Gazonni, a visually impaired individual, is suing The Fresh Market, Inc. for violations of the Americans with Disabilities Act. Gazonni alleges that the defendant's website, https://thefreshmarket.com/, is not accessible to blind users, preventing her from independently obtaining necessary information to plan visits to physical stores. The complaint details specific barriers encountered while using screen-reader software, including inaccessible product images and navigation issues. Gazonni seeks a permanent injunction to require the defendant to make the website accessible and to recover attorney's fees and costs.
Causes of Action
- Violation of the Americans with Disabilities Act
Key Allegations
- Defendant's website is not fully accessible to blind or visually impaired consumers.
- Plaintiff encountered multiple barriers while attempting to use the website with screen-reader software.
- Defendant's website serves as a point of sale and is integral to accessing physical store services.
Requested Relief
- Permanent injunction requiring Defendant to make the website accessible to visually impaired users.
- Attorney's fees and costs.
Jurisdiction & Venue
Jurisdiction based on federal question under 28 U.S.C. §1331 and the provisions of the ADA.
