Randolph Simmons v. Cart.com, Inc.

Case Summary

According to the complaint, Randolph Simmons, a legally blind individual, is suing Cart.com, Inc. for violations of the Americans with Disabilities Act due to the inaccessibility of its e-commerce website, www.brookstone.com. Simmons alleges that he encountered numerous barriers that prevented him from independently accessing product information and completing purchases. The complaint cites specific accessibility failures, including missing alternative text and broken ARIA attributes, which hindered his ability to navigate the site. Simmons seeks injunctive relief to require the defendant to make the website compliant with accessibility standards and to ensure ongoing accessibility for blind users.

Causes of Action

• Violations of the ADA
• Violations of the New York State Human Rights Law
• Violation of the New York State Civil Rights Law
• Violations of the New York City Human Rights Law
• Declaratory Relief

Key Allegations

• Defendant's website is inaccessible to blind and visually impaired individuals.
• Plaintiff encountered pervasive accessibility barriers preventing independent access to product information and purchasing functions.
• Defendant failed to implement necessary accessibility measures and policies.

Requested Relief

• Preliminary and permanent injunction prohibiting Defendant from violating the ADA and New York laws.
• Preliminary and permanent injunction requiring Defendant to make the Website fully compliant with the ADA.
• Declaration that Defendant discriminates against the blind and fails to provide access as required by law.
• Order certifying the Class and Sub-Classes and appointing Plaintiff as Class Representative.
• Compensatory damages for violations of civil rights under New York law.
• Pre-judgment and post-judgment interest.
• Award of costs and expenses of this action together with reasonable attorneys' and expert fees.

Proposed Class

all legally blind individuals in the United States who have attempted to access www.brookstone.com and were denied equal access to its digital content, product information, and online purchasing functions due to persistent accessibility barriers during the relevant statutory period.

Jurisdiction & Venue

This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 and 42 U.S.C. § 12188, as Plaintiff alleges violations of Title III of the Americans with Disabilities Act, a federal civil rights statute.