Constance Henry v. ELITE SPORTSWEAR, L.P.

Case Summary

According to the complaint, Constance Henry, a visually-impaired individual, is suing Elite Sportswear, L.P. for failing to make their website, Dolfinswimwear.com, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent blind individuals from completing transactions, violating the Americans with Disabilities Act (ADA). Specific issues include the lack of alternative text for images, inaccessible drop-down menus, and a reliance on mouse navigation. Plaintiffs seek a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced by blind users.

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 inaccessible to blind individuals
• Plaintiff encountered significant access barriers on the website
• Defendant failed to implement necessary accessibility features

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act
• An order requiring Defendant to make its website accessible to blind individuals
• Payment of nominal damages
• 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 Dolfinswimwear.com and as a result have been denied access to the enjoyment of goods and services offered by Dolfinswimwear.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).