Howard Wilson v. Almond Cow, Inc.

Case Summary

According to the complaint, Howard Wilson, a visually-impaired individual, is suing Almond Cow, Inc. for failing to make its website, www.almondcow.co, accessible under the Americans with Disabilities Act (ADA). Wilson alleges that he encountered numerous barriers while attempting to access the website to purchase a plant-based milk maker kit, which prevented him from fully utilizing the site. The complaint cites violations of the ADA and seeks a permanent injunction requiring the defendant to comply with accessibility standards. Wilson represents a class of legally blind individuals who have faced similar issues accessing the website.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• Declaratory Relief

Key Allegations

• Defendant's website is not accessible to blind and visually-impaired individuals.
• Plaintiff encountered barriers preventing full use of the website.
• Defendant failed to comply with WCAG 2.1 guidelines.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA.
• An injunction requiring Defendant to make its website fully compliant with the ADA.
• A declaration that Defendant's website discriminates against the blind.
• Certification of the Class under Fed. R. Civ. P. 23.
• Payment of nominal damages.
• Pre- and post-judgment interest.
• An 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 Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services, 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).