Andre Battle v. Diamond Cellar Holdings, LLC

Case Summary

According to the complaint, Andre Battle, a visually-impaired individual, is suing Diamond Cellar Holdings, LLC for failing to make their website, Diamondcellar.com, accessible to blind users. The plaintiff alleges that the website contains significant barriers that prevent him and others with visual impairments from independently navigating and completing transactions. Key issues include ambiguous link texts, inaccessible drop-down menus, and a lack of necessary accommodations for screen-reader users. The plaintiff seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination experienced. The case is filed under the Americans with Disabilities Act, which mandates equal access to public accommodations.

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

• Defendant's website is inaccessible to blind and visually-impaired persons
• Plaintiff encountered significant accessibility barriers while attempting to use the website
• Defendant has failed to take necessary steps to make the website accessible

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act
• An order requiring Defendant to make its website fully compliant with the ADA
• 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 Diamondcellar.com and as a result have been denied access to the enjoyment of goods and services offered by Diamondcellar.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) because Defendant conducts business in this District and a substantial portion of the conduct complained of occurred here.