Dustin Youngren v. Heard Design, LLC

Case Summary

According to the complaint, Dustin Youngren, a visually impaired individual, is suing Heard Design, LLC for failing to make their website, https://howlerbros.com, accessible to blind users. Youngren alleges that the website contains significant barriers that prevent him and others from independently navigating and completing purchases. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make the website accessible, as well as compensatory damages for affected individuals. Youngren claims that the website's design relies on visual elements that are not compatible with screen-reading software, thus denying equal access to goods and services offered online.

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 alternative text for images
• Inaccessible drop-down menus and interactive elements
• Website requires mouse usage for transactions
• Denial of equal access to goods and services

Requested Relief

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