Livingston Bennett v. Yellow Dog Flyfishing L.L.C.

Case Summary

According to the complaint, LIVINGSTON BENNETT, a visually impaired individual, is suing Yellow Dog Flyfishing L.L.C. for failing to make its website accessible under the Americans with Disabilities Act (ADA). Bennett alleges that the website contains significant barriers that prevent blind and visually impaired users from independently navigating and completing transactions. He claims that these barriers violate his rights and seeks a permanent injunction to require the defendant to make the website accessible, along with compensatory damages for the discrimination faced. The complaint also seeks class action status for all legally blind individuals who have faced similar issues with the website.

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 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 proper under 28 U.S.C. §1391(b)(1) and (2)