Howard Wilson v. ZSG, Co., d/b/a Public Rec

Case Summary

According to the complaint, Howard Wilson, a visually-impaired individual, is suing ZSG, CO., doing business as Public Rec, for failing to make its website, www.publicrec.com, accessible to blind users. Wilson alleges that he encountered numerous barriers while attempting to access the website to purchase clothing, which violated his rights under the Americans with Disabilities Act (ADA). He claims that the website lacks necessary features for screen-reading software, preventing him from fully enjoying the services offered. Wilson seeks a permanent injunction to require the defendant to comply with accessibility standards and to ensure that the website is usable for individuals with visual impairments.

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

• Preliminary and permanent injunction to prohibit Defendant from violating the ADA.
• Injunction requiring Defendant to make its website fully compliant with the ADA.
• Declaration that Defendant's website discriminates against the blind.
• Order certifying the Class and appointing Plaintiff as Class Representative.
• Payment of nominal damages.
• Pre- and post-judgment interest.
• 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).