Rosemarie Ramirez v. RC Superstore, Inc.

Case Summary

According to the complaint, plaintiff Rosemarie Ramirez, a visually-impaired individual, is suing RC Superstore, Inc. for failing to make its website, www.rcsuperstore.com, accessible to blind users. The plaintiff alleges that the website contains numerous barriers that prevent her from accessing its goods and services, violating the Americans with Disabilities Act (ADA). Key issues include missing alt-text, broken links, and a lack of compatibility with screen-reading software. The plaintiff seeks a permanent injunction to require the defendant to comply with accessibility standards and to ensure equal access for visually-impaired consumers.

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).