Rosemarie Ramirez v. Helen Kaminski Asia, LLC

Case Summary

According to the complaint, plaintiff Rosemarie Ramirez, a visually-impaired individual, alleges that the defendant, Helen Kaminski Asia, LLC, has failed to make its website, www.helenkaminski.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 a handmade basket, including missing alt-text and broken links. She seeks a permanent injunction requiring the defendant to comply with accessibility standards and to ensure that the website is usable by individuals with disabilities. The complaint also seeks class certification for all legally blind individuals who have faced similar issues with the website.

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 injunction requiring Defendant to make its website fully compliant with the ADA.
• A declaration that Defendant's website discriminates against the blind.
• Certification of the Class under Fed. R. Civ. P. 23.
• Payment of nominal damages.
• Pre- and post-judgment interest.
• 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).