Kenneth Henderson v. Wgw Sales Inc.

Case Summary

According to the complaint, Kenneth Henderson, a visually impaired individual, is suing Wgw Sales Inc. for failing to make its website, silverjeans.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 navigating and completing purchases. The complaint cites various accessibility issues, including inadequate alternative text for images and reliance on mouse navigation, which excludes visually impaired users. Henderson seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced. The case is filed as a class action on behalf of all legally blind individuals who have attempted to access the website.

Causes of Action

• Violation of the Americans with Disabilities Act (ADA)

Key Allegations

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

Requested Relief

• Preliminary and permanent injunction to comply with the ADA
• Order to make the Website accessible to visually impaired individuals
• Declaration of discrimination 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).