Timothy Hernandez v. MURRAY’S CHEESE, LLC

Case Summary

According to the complaint, Timothy Hernandez, a visually impaired individual, is suing Murray’s Cheese, LLC for failing to make its website, www.murrayscheese.com, accessible to blind users. The complaint alleges that the website contains numerous barriers that prevent blind individuals from fully accessing its services, including missing alt-text and broken links. Plaintiffs allege that these issues violate the Americans with Disabilities Act (ADA) and New York City Human Rights Law (NYCHRL). They seek a permanent injunction requiring the defendant to make the website accessible and to provide compensatory damages for the discrimination faced by blind users.

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 barriers that denied full 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 and NYCHRL.
• An order requiring Defendant to make its Website fully compliant with the ADA.
• Compensatory damages for violations of civil rights under NYCHRL.

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 supplemental jurisdiction under 28 U.S.C. § 1367.