Andre Battle v. MERCHBAR, INC.

Case Summary

According to the complaint, Plaintiff ANDRE BATTLE, a legally blind individual, is suing Merchbar, Inc. for failing to make their website, Merchbar.com, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent blind individuals from independently accessing and purchasing music merchandise. Specific issues include a lack of alternative text for images, inadequate labeling of form fields, and a design that requires mouse usage, which is inaccessible to blind users. Plaintiffs allege violations of the Americans with Disabilities Act and seek injunctive relief to require Merchbar to make its website accessible, as well as compensatory damages for the discrimination experienced. The case is filed in the Northern District of Illinois.

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

• Merchbar.com is inaccessible to blind and visually-impaired persons.
• Plaintiff encountered multiple accessibility barriers on Merchbar.com.
• Defendant's website design requires the use of a mouse, which is inaccessible to blind users.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act.
• A declaration that Defendant discriminates against the blind and fails to provide access as required by the ADA.
• 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 Merchbar.com and as a result have been denied access to the enjoyment of goods and services offered by Merchbar.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, and venue is proper under 28 U.S.C. §1391(b)(1) and (2).