Howard Wilson v. DH7 ENTERPRISE, LLC

Case Summary

According to the complaint, plaintiff Howard Wilson, a visually impaired individual, is suing DH7 Enterprise, LLC for failing to make its website, www.succulentsbox.com, accessible under the Americans with Disabilities Act (ADA). Wilson alleges that he encountered multiple barriers while attempting to access the website to purchase a Bunny Ear Cactus, which prevented him from enjoying the same shopping experience as sighted individuals. The complaint cites various access issues, including missing alt-text and broken links, which violate the ADA. Wilson seeks a permanent injunction requiring the defendant to implement changes to ensure the website is accessible to blind and visually impaired users.

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 him full access to the website.
• Defendant has failed to comply with the ADA requirements for website accessibility.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA.
• An order requiring Defendant to make its website fully compliant with the ADA.
• Payment of nominal damages.

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).