Howard Wilson v. Survival Gear, Inc.

Case Summary

According to the complaint, Plaintiff HOWARD WILSON, a visually-impaired individual, is suing SURVIVAL GEAR, INC. for failing to make its website, www.survivalgear.us, accessible under the Americans with Disabilities Act (ADA). The plaintiff alleges that he encountered numerous barriers while attempting to purchase a First Aid Kit, including missing alt-text and broken links, which prevented him from accessing the website's goods and services. The complaint seeks a permanent injunction requiring the defendant to modify its website to comply with accessibility standards and to ensure equal access for blind individuals. The plaintiff claims that these barriers have caused him frustration and denied him the ability to shop independently.

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.
• A declaration that Defendant's website discriminates against blind individuals.

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.