Howard Wilson v. Otter Spirit, Inc.

Case Summary

According to the complaint, Howard Wilson, a visually-impaired individual, is suing Otter Spirit, Inc. for failing to make its website, www.otterspirit.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). Wilson alleges that he encountered multiple barriers while attempting to access the website to purchase a necklace, which prevented him from enjoying the same shopping experience as sighted individuals. The complaint cites specific access issues, including missing alt-text and broken links, 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 barriers on 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 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.
• 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).