Livingston Bennett v. What We Make, Inc.

Case Summary

According to the complaint, LIVINGSTON BENNETT, a visually impaired individual, is suing What We Make, Inc. for failing to make its website, https://wwmake.com/, accessible to blind users. Bennett alleges that the website contains significant barriers that prevent him and others from independently navigating and completing transactions. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make necessary changes to the website, as well as compensatory damages for affected individuals. Bennett encountered multiple accessibility issues, including lack of alternative text for images and reliance on mouse navigation, which hindered his ability to purchase a nightstand online. He intends to return to the website once the barriers are removed.

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 provide necessary accommodations for screen-reader users

Requested Relief

• Permanent injunction requiring Defendant to make the Website accessible
• Compensatory damages for Class Members
• Certification of the case as a class action

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

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).