Andre Battle v. PORTAGE WORLD-WIDE, INC.

Case Summary

According to the complaint, plaintiff Andre Battle, a legally blind individual, is suing Portage World-Wide, Inc. for failing to make their website, Manhattanportage.com, accessible to blind and visually-impaired users. The complaint alleges that the website contains significant barriers that prevent independent navigation and purchasing, violating the Americans with Disabilities Act (ADA). Battle claims that he attempted to make a purchase but was unable to due to these access issues. He seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced. The case highlights the need for compliance with accessibility standards to ensure equal access for all users.

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 not accessible to blind and visually-impaired persons.
• Plaintiff encountered significant access barriers on the website preventing independent use.
• Defendant has failed to comply with the Americans with Disabilities Act.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA.
• An order requiring Defendant to make its website accessible to blind individuals.
• 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 Manhattanportage.com and as a result have been denied access to the enjoyment of goods and services offered by Manhattanportage.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).