Rosemarie Ramirez v. Carnivero, LLC

Case Summary

According to the complaint, plaintiff Rosemarie Ramirez, a visually-impaired individual, alleges that CARNIVERO, LLC's website, www.carnivero.com, is inaccessible to blind users, violating the Americans with Disabilities Act (ADA). Ramirez claims she encountered multiple barriers while attempting to purchase a Venus flytrap plant, which prevented her from accessing the website's goods and services. The complaint seeks a permanent injunction requiring the defendant to make its website compliant with ADA standards and to implement necessary changes to ensure accessibility for visually-impaired users.

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 preventing her from purchasing products on the website.
• Defendant has 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; venue is proper under 28 U.S.C. §1391(b)(1) and (2).