Rosemarie Ramirez v. Bentley Seeds, Inc.

Case Summary

According to the complaint, plaintiff Rosemarie Ramirez, a visually-impaired individual, alleges that Bentley Seeds, Inc. has failed to make its website, www.bentleyseeds.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). The plaintiff claims that she encountered numerous barriers while attempting to access the website to purchase products, specifically the Stocking Stuffer Seed Packets - 5 Pack Garden Starter Kit. These barriers included missing alt-text, broken links, and unclear labels, which prevented her from completing her purchase. The plaintiff seeks a permanent injunction requiring the defendant to make the website accessible and to comply with WCAG 2.1 guidelines, along with other forms of relief.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• Declaratory Relief

Key Allegations

• Defendant's website is not accessible to blind and visually impaired individuals.
• Plaintiff encountered barriers that denied her full and equal access to the website.
• Defendant failed to comply with WCAG 2.1 guidelines.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA.
• An order requiring Defendant to make its website fully compliant with the ADA.
• Payment of nominal damages.
• An 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 Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services, 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.