Amelia Cazares v. KOHLER CO.

Case Summary

According to the complaint, Plaintiff AMELIA CAZARES is suing Kohler Co. for failing to make their website, Kohler.com, accessible to blind and visually-impaired individuals. The complaint alleges that the website contains significant access barriers, preventing users from completing transactions independently. Cazares claims that these barriers violate the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require Kohler to make necessary changes to their website. The complaint highlights specific issues such as the lack of keyboard navigation and ambiguous link texts that hinder accessibility. Plaintiffs allege that Kohler's practices deny equal access to their goods and services, impacting the ability of blind individuals to participate in online shopping.

Causes of Action

• Violation of 42 U.S.C. §§ 12181 et seq. – Title III of the Americans with Disabilities Act
• Declaratory Relief
• Negligent Infliction of Emotional Distress

Key Allegations

• Kohler's website is not accessible to blind and visually-impaired persons
• Plaintiff encountered significant access barriers on Kohler.com
• Kohler's website design requires mouse usage, which is inaccessible to blind users
• Plaintiff was denied the ability to independently navigate and make purchases on Kohler.com

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act
• A declaration that Defendant's website discriminates against the blind
• An order certifying this case as a class action
• Payment of nominal damages
• Compensatory damages in an amount to be determined at trial

Proposed Class

all legally blind individuals in the United States who have attempted to access Kohler.com and as a result have been denied access to the enjoyment of goods and services offered by Kohler.com, 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).