Plaintiff alleges hydration company violated ADA through inaccessible website

Moynihan Courthouse
Moynihan Courthouse
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In a significant legal move, a visually-impaired individual has filed a class action lawsuit against an online retail company for failing to make its website accessible to people with disabilities. The complaint was lodged by Mykayla Fagnani in the United States District Court for the Southern District of New York on November 18, 2025, targeting Drip Drop Hydration Inc. The case highlights ongoing challenges faced by disabled individuals in accessing digital services and seeks to enforce compliance with the Americans with Disabilities Act (ADA).

The plaintiff, Mykayla Fagnani, who is legally blind, claims that Drip Drop Hydration Inc.’s website is not compatible with screen-reading software necessary for visually-impaired users to navigate online content. This alleged inaccessibility denies her and others like her full access to the company’s products and services, violating their rights under the ADA. The lawsuit references a letter from the U.S. Department of Justice which confirms that websites operated by public accommodations must be accessible to individuals with disabilities. Despite technological advancements and existing guidelines such as the Web Content Accessibility Guidelines (WCAG) 2.0, Fagnani asserts that Drip Drop’s website remains non-compliant.

Fagnani describes multiple barriers encountered while attempting to use Drip Drop’s website, including missing alternative text for images and broken links which prevent effective navigation using screen readers. These issues have reportedly caused frustration and humiliation for Fagnani, reinforcing feelings of isolation due to her disability. The complaint also emphasizes that such digital accessibility is not merely a convenience but a necessity for independence and participation in modern life.

The lawsuit seeks several forms of relief from the court: an injunction requiring Drip Drop Hydration Inc. to modify its website policies and practices to ensure accessibility; compensatory damages; civil penalties; and attorney fees. Specifically, it demands that Drip Drop engage an expert consultant to guide improvements in web accessibility and train employees accordingly. Furthermore, it requests regular audits and user testing involving visually-impaired individuals to maintain compliance.

Representing Fagnani are attorneys Michael A. LaBollita, Jeffrey M. Gottlieb, and Dana L. Gottlieb from Gottlieb & Associates PLLC. The case is presided over by judges from the Southern District of New York under Case ID 1:25-cv-09600.

Source: 125cv09600_Mykayla_Fagnani_v_Drip_Dropr_Complaint_Southern_District_of_New_York.pdf



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