Nicole Da Vis v. MAY LINDSTROM SKIN, LLC

Case Summary

According to the complaint, plaintiff NICOLE DA VIS, a legally blind individual, is suing May Lindstrom Skin, LLC for failing to make their website, Maylindstrom.com, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent blind individuals from independently navigating and completing purchases. Specific issues include lack of alternative text for images, ambiguous link texts, and reliance on mouse navigation, which excludes blind users. The plaintiff seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination experienced. The case is filed under the Americans with Disabilities Act (ADA).

Causes of Action

• Violation of 42 U.S.C. §§ 12181 et seq. – Title III of the Americans with Disabilities Act
• Declaratory Relief
• Negligent Infliction of Emotional Distress

Key Allegations

• Defendant's website is not accessible to blind and visually impaired individuals.
• Plaintiff encountered significant access barriers while attempting to use the website.
• Defendant has failed to take necessary steps to make the website accessible.

Requested Relief

• Preliminary and permanent injunction to prohibit Defendant from violating the ADA.
• Injunction requiring Defendant to make its website compliant with the ADA.
• Declaration that Defendant's website discriminates against the blind.

Proposed Class

all legally blind individuals in the United States who have attempted to access Maylindstrom.com and as a result have been denied access to the enjoyment of goods and services offered by Maylindstrom.com, 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).