Howard Wilson v. Creators Guild, Inc.

Case Summary

According to the complaint, Howard Wilson, a visually impaired individual, is suing CREATORS GUILD, INC. for failing to make its website, www.mannkitchen.com, accessible to blind users. Wilson alleges that he encountered numerous barriers while attempting to access the website to purchase products, specifically the MANNKITCHEN Pepper Cannon. The complaint cites violations of the Americans with Disabilities Act (ADA) due to the website's inaccessibility, which prevents blind individuals from fully enjoying the goods and services offered. Wilson seeks a permanent injunction requiring the defendant to comply with accessibility standards and to ensure that the website is usable by individuals with disabilities.

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 that denied full access to the website.
• Defendant failed to comply with WCAG 2.1 guidelines.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act.
• A declaration that Defendant's website discriminates against the blind.
• Payment of nominal damages.
• 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.