Plaintiff
- Name: Shaleah Raines, Sylvia Santos
- Filing Date: November 14, 2025
- Court: United States District Court for the Southern District of Indiana
- State: Indiana
- Attorney Firm: Nye, Stirling, Hale, Miller, & Sweet LLP
Defendant
- Name: Oh Polly USA, Inc.
- Website: www.us.ohpolly.com
- Industry: Apparel
- Summary: Designs, develops, manufactures, and distributes women's clothing and related products.
Case Summary
According to the complaint, plaintiffs Shaleah Raines and Sylvia Santos, both legally blind, are suing Oh Polly USA, Inc. for failing to make its digital platform accessible, violating the Americans with Disabilities Act (ADA) and New York State Human Rights Law. They allege that they encountered significant barriers while attempting to access the website, which prevented them from purchasing products. The plaintiffs seek a permanent injunction to require the defendant to implement necessary changes to ensure accessibility, as well as compensatory damages and attorneys' fees.
Causes of Action
- Violation of Title III of the ADA
- 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 access to products and services on the website.
- Defendant failed to implement adequate corporate policies for accessibility.
Requested Relief
- Permanent injunction requiring compliance with ADA standards.
- Payment of reasonable attorneys' fees and costs.
- Compensatory damages for violations of New York State Human Rights Law.
Proposed Class
Individuals with visual disabilities who are denied full and equal access to the defendant's digital platform.
Jurisdiction & Venue
Jurisdiction is invoked under 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).