Timothy Hernandez v. COOKIES KIDS.COM, INC.

Case Summary

According to the complaint, Timothy Hernandez, a visually impaired individual, is suing Cookies Kids.com, Inc. for failing to make their website accessible as required by the Americans with Disabilities Act (ADA). Hernandez alleges that he encountered numerous barriers while trying to access the website, which prevented him from purchasing products, specifically a joggers set. The complaint cites violations of the ADA and New York City Human Rights Law, seeking a permanent injunction to require the defendant to make the website accessible and to provide compensatory damages for the alleged discrimination.

Causes of Action

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

Key Allegations

• Defendant's website is not accessible to blind and visually impaired individuals.
• Plaintiff encountered multiple access barriers while attempting to use 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 and NYCHRL.
• An order requiring Defendant to make the Website fully compliant with accessibility requirements.
• Compensatory damages for violations of civil rights.

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, and venue is proper under 28 U.S.C. §1391(b)(1) and (2).