Howard Wilson v. Evolutions Brands, Inc.

Case Summary

According to the complaint, Plaintiff HOWARD WILSON, a visually-impaired individual, is suing EVOLUTIONS BRANDS, INC. for failing to make its website, www.bedstu.com, accessible to blind users. The plaintiff alleges that he encountered numerous barriers while attempting to purchase leather shoes, including missing alt-text and broken links, which prevented him from accessing the website's goods and services. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to comply with accessibility standards. The plaintiff also seeks damages and costs associated with the lawsuit.

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

• Permanent injunction requiring Defendant to make its website accessible.
• Payment of nominal damages.
• 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.