Constance Henry v. Bespoke Color Company, LLC

Case Summary

According to the complaint, Constance Henry, a visually impaired individual, is suing Bespoke Color Company, LLC for failing to make its website, https://www.mainecottage.com, accessible to blind users. The plaintiff alleges that the website contains significant barriers that prevent visually impaired individuals from independently navigating and completing transactions. These barriers include a lack of proper heading structure, inaccessible forms, and reliance on mouse navigation, which is not usable for blind individuals. Henry seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced. The case is based on violations of the Americans with Disabilities Act (ADA).

Causes of Action

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

Key Allegations

• Website is inaccessible to visually impaired individuals
• Access barriers prevent independent navigation and transactions
• Defendant failed to comply with ADA requirements

Requested Relief

• Preliminary and permanent injunction to prohibit Defendant from violating the ADA
• Injunction requiring Defendant to make the Website accessible
• Declaration that the Website discriminates against the visually impaired
• Class action certification

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).