Kenneth Henderson v. Hulken Inc.

Case Summary

According to the complaint, Kenneth Henderson, a visually impaired individual, is suing Hulken Inc. for failing to make its website, hulken.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). Henderson alleges that the website contains significant barriers that prevent him and others from independently accessing and purchasing products. He seeks a permanent injunction to require Hulken to make its website accessible and compensatory damages for the discrimination faced. The complaint highlights specific accessibility issues, including lack of alternative text for images and reliance on mouse navigation, which hinder visually impaired users from completing transactions.

Causes of Action

• Violation of the Americans with Disabilities Act (ADA)
• Declaratory Relief

Key Allegations

• Website is inaccessible to visually impaired individuals
• Access barriers prevent independent navigation and transactions
• Defendant failed to implement necessary accessibility features

Requested Relief

• Preliminary and permanent injunction to prohibit violations of the ADA
• Injunction requiring compliance with ADA accessibility standards
• Declaration of discriminatory practices against visually impaired individuals
• Class action certification
• Pre- and post-judgment interest
• Award of costs and attorney fees

Proposed Class

all legally blind individuals in the United States who have attempted to access the Website and as a result have been denied access to the enjoyment of goods and services offered by the Website, during the relevant statutory period.

Jurisdiction & Venue

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).