Andre Battle v. Six Moon Designs, Inc.

Case Summary

According to the complaint, Plaintiff ANDRE BATTLE is suing Six Moon Designs, Inc. for failing to make their website, Sixmoondesigns.com, accessible to blind and visually-impaired individuals. The plaintiff alleges that he encountered significant barriers while attempting to purchase a lightweight backpack, including inaccessible navigation and lack of alternative text for images. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make the website accessible, along with compensatory damages for the discrimination faced by the plaintiff and others in similar situations.

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 multiple 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 ADA.
• An order requiring Defendant to make its website compliant with 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 Sixmoondesigns.com and as a result have been denied access to the enjoyment of goods and services offered by Sixmoondesigns.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).