Constance Henry v. MOUNTAIN HARDWEAR, INC.

Case Summary

According to the complaint, Constance Henry, a visually-impaired individual, is suing Mountain Hardwear, Inc. for failing to make their website, Mountainhardwear.com, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent blind individuals from independently navigating and completing purchases. Plaintiffs allege violations of the Americans with Disabilities Act (ADA) due to these access barriers, which include inadequate labeling, reliance on visual interfaces, and the requirement of mouse usage for transactions. 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 and visually-impaired persons.
• Plaintiff encountered significant access barriers on the website preventing her from completing a purchase.
• Defendant has failed to take necessary steps to make the website accessible as required by the ADA.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA.
• An order requiring Defendant to make its website compliant with the ADA.
• 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 Mountainhardwear.com and as a result have been denied access to the enjoyment of goods and services offered by Mountainhardwear.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).