Plaintiff alleges chocolate retailer’s website violates ADA

Marshall Courthouse
Marshall Courthouse
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A visually-impaired woman has filed a class action lawsuit against a major chocolate retailer, claiming the company’s website is inaccessible to blind and visually-impaired individuals. Mykayla Fagnani, the plaintiff, lodged her complaint in the United States District Court for the Southern District of New York on November 24, 2025, targeting Neuhaus Inc., known for its luxury chocolates.

Fagnani alleges that Neuhaus Inc. has failed to design and maintain its website in a manner that is accessible to people who rely on screen-reading software. This oversight, she claims, violates the Americans with Disabilities Act (ADA), which mandates that public accommodations be equally accessible to individuals with disabilities. The lawsuit references a letter from U.S. Department of Justice Assistant Attorney General Stephen E. Boyd, confirming that ADA requirements extend to websites operated by public accommodations.

The complaint highlights several barriers encountered by Fagnani while attempting to use Neuhaus’s website with her JAWS screen-reader software. These barriers include broken links, images without alternative text descriptions, and other accessibility issues that prevent blind users from fully accessing product information and making purchases online. Fagnani attempted to buy Limited Edition Souvenirs but was unable due to these obstacles.

The lawsuit seeks a permanent injunction requiring Neuhaus Inc. to modify its corporate policies and practices to ensure ongoing web accessibility compliance. Specifically, it demands the appointment of a Web Accessibility Consultant to audit and improve the website’s accessibility features regularly. Additionally, it calls for employee training on web accessibility and periodic user testing involving blind individuals.

Fagnani’s legal team argues that making these changes would not impose an undue burden on Neuhaus Inc., as many large businesses have already implemented similar guidelines successfully. The lawsuit also invokes New York State Human Rights Law and New York City Human Rights Law alongside federal statutes.

Representing Fagnani are attorneys Michael A. LaBollita, Dana L. Gottlieb, and Jeffrey M. Gottlieb from Gottlieb & Associates PLLC in New York City. The case has been assigned Case ID No. 1:25-cv-09779.

Source: 125cv09779_Mykyla_Fagnani_v_Neuhaus_Complaint_Southern_District_of_New_York.pdf



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