Ashley Tesch v. Flamingo Technologies LLC

Case Summary

According to the complaint, Ashley Tesch, a visually impaired individual, is suing Flamingo Technologies LLC for failing to make its website, https://flamingo.shop, accessible to blind and visually impaired users. Tesch alleges that the website contains numerous barriers that prevent her from independently navigating and completing purchases, violating her rights under the Americans with Disabilities Act (ADA). The complaint details specific access issues, such as the lack of alternative text for images and the requirement to use a mouse for transactions, which hinder her ability to shop online. Tesch seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for herself and other affected individuals.

Causes of Action

• Violation of the Americans with Disabilities Act (ADA)
• Declaratory Relief

Key Allegations

• Website is inaccessible to visually impaired individuals
• Failure to provide necessary accommodations for screen-reader users
• Significant access barriers prevent independent navigation and transactions

Requested Relief

• Permanent injunction to make the Website accessible
• Compensatory damages for Class Members
• Certification of the case as a class action

Proposed Class

All legally blind individuals in the United States who have attempted to access the Website and as a result have been denied access to the enjoyment of goods and services offered by the Website, 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).