Teniya Booker, Karen Blachowicz v. Gaia Botanicals, LLC

Case Summary

According to the complaint, plaintiffs TENIYA BOOKER and KAREN BLACHOWICZ are suing GAIA BOTANICALS, LLC for failing to make its digital platform accessible to individuals with visual disabilities, violating the Americans with Disabilities Act and New York State Human Rights Law. The plaintiffs allege that they encountered significant barriers while attempting to access the website to purchase CBD products, including inaccessible age verification pop-ups and an inaccessible accessibility widget. They seek a permanent injunction requiring the defendant to implement necessary changes to ensure accessibility, along with compensatory damages and attorneys' fees.

Causes of Action

• Title III of the Americans with Disabilities Act
• Violation of New York State Human Rights Law, Exec. Law, Article 15 § 290, et seq.

Key Allegations

• Defendant's digital properties are not accessible to legally blind individuals.
• Plaintiffs encountered barriers that denied them full access to the website.
• Defendant failed to implement adequate corporate policies for accessibility.

Requested Relief

• Permanent injunction requiring accessibility changes to the digital platform.
• Payment of costs of suit and reasonable attorneys' fees.
• Compensatory damages pursuant to New York Executive Law.

Proposed Class

Individuals with visual disabilities who are denied full and equal access to the digital platform of GAIA BOTANICALS, LLC.

Jurisdiction & Venue

Jurisdiction is invoked pursuant to 28 U.S.C. § 1331, 28 U.S.C.A. § 1367 and 42 U.S.C. § 12188; venue is proper under 28 U.S.C. § 1391(b)(2).