Ashley Tesch v. Moonglow Jewelry, LLC

Case Summary

According to the complaint, Ashley Tesch, a visually impaired individual, is suing Moonglow Jewelry, LLC for failing to make its website accessible as required by the Americans with Disabilities Act (ADA). Tesch alleges that the website, which offers personalized jewelry, contains significant barriers that prevent blind and visually impaired users from completing transactions. The complaint details various accessibility issues, including inadequate alt-text for images and reliance on mouse navigation, which hinder Tesch's ability to independently browse and purchase items. Tesch seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced by her and other class members.

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 reasonable modifications for accessibility
• Denial of full and equal access to goods and services

Requested Relief

• Permanent injunction requiring Defendant to make the Website accessible
• Compensatory damages for Class Members
• Certification of this 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)