Nicole Da Vis v. REIMAGINE FOOTBALL COMPANY

Case Summary

According to the complaint, NICOLE DA VIS, a visually impaired individual, is suing Reimagine Football Company for failing to make their website, Goalfive.com, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent blind individuals from completing transactions, violating the Americans with Disabilities Act (ADA). DA VIS claims that despite her attempts to purchase a sports bra, she encountered numerous accessibility issues, including inadequate alt-text and reliance on mouse navigation. The plaintiffs seek a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced by blind users.

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 persons.
• Plaintiff encountered significant access barriers on Goalfive.com that hindered her ability to complete a purchase.
• Defendant has failed to take necessary steps to make the website accessible as required by the ADA.

Requested Relief

• Preliminary and permanent injunction to prohibit Defendant from violating the ADA.
• Injunction requiring Defendant to make Goalfive.com compliant with the ADA.
• Declaration that Defendant's website discriminates against the blind.
• Class action certification and appointment of Plaintiff as Class Representative.
• Payment of nominal damages.
• Pre- and post-judgment interest.
• Award of costs and expenses of this action together with reasonable attorneys’ and expert fees.
• Punitive damages.
• Compensatory damages in an amount to be determined at trial.

Proposed Class

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