Howard Wilson v. Esr, LLC

Case Summary

According to the complaint, Howard Wilson, a visually-impaired individual, is suing ESR, LLC for failing to make its website, www.allcitycandy.com, accessible under the Americans with Disabilities Act (ADA). Wilson alleges that he encountered numerous barriers while attempting to access the website, which prevented him from purchasing products. The complaint cites specific access issues such as missing alt-text and broken links. Wilson seeks a permanent injunction requiring ESR to comply with accessibility standards and to implement changes to ensure equal access for 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 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 discriminates against the blind and fails to provide access as required by the ADA.
• 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.