Ashley Tesch v. Tina & Daniel, Inc.

Case Summary

According to the complaint, Ashley Tesch, a visually impaired individual, is suing Tina & Daniel, Inc. for failing to make their website, https://www.judybluejeans.com, accessible to blind and visually impaired users, violating the Americans with Disabilities Act (ADA). Tesch alleges that the website contains significant access barriers, preventing her and others from independently navigating and completing purchases. The complaint seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced by Tesch and other class members.

Causes of Action

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

Key Allegations

• Website is inaccessible to visually impaired individuals
• Access barriers prevent independent navigation and purchases
• Defendant's website design relies on an exclusively visual interface
• Failure to provide alternative text for images
• Inadequate focus order and keyboard navigation issues

Requested Relief

• Preliminary and permanent injunction to prohibit Defendant from violating the ADA
• Injunction requiring Defendant to make the Website compliant with the ADA
• Declaration that Defendant discriminates against the visually impaired
• Order certifying this case as a class action
• Pre- and post-judgment interest
• Award of costs and expenses of this action together with reasonable attorneys’ and expert fees

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).