Julie Dalton v. Phoenix Retail, LLC dba Bonobos

Case Summary

According to the complaint, Julie Dalton, on behalf of herself and others similarly situated, is suing Phoenix Retail, LLC dba Bonobos for violations of the Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA). The plaintiff alleges that the defendant's website, www.bonobos.com, is not fully accessible to individuals who are blind or have low vision, which violates the ADA's requirements for effective communication and auxiliary aids. The complaint details specific barriers encountered by the plaintiff, such as the website's failure to recognize and read a drop-down menu, preventing her from shopping effectively. The plaintiff seeks a permanent injunction to require the defendant to make its website accessible, along with damages and attorney's fees.

Causes of Action

• Violation of Title III of the ADA
• Violation of the MHRA

Key Allegations

• Defendant’s Website is not fully accessible to people who are blind or have low vision.
• Plaintiff encountered barriers that denied her full and equal access to Defendant’s online goods, content, and services.
• Defendant's policies fail to ensure its Website is fully accessible to individuals with vision-related disabilities.

Requested Relief

• Permanent injunction requiring Defendant to make its Website accessible
• Civil penalty payable to the state of Minnesota
• Damages
• Damage multiplier
• Statutory attorney’s fees and costs

Proposed Class

All blind or have a low vision disability within the meaning of the ADA who use screen reader auxiliary aids to navigate digital online content and who have accessed, attempted to access, or who may access or attempt to access Defendant’s Website.

Jurisdiction & Venue

28 U.S.C. § 1331 and 42 U.S.C. § 12188