Nicole Davis v. Avo's & Company, Inc.

Case Summary

According to the complaint, Nicole Davis, a visually impaired individual, is suing Avo's & Company, Inc. for failing to make its website, https://adiamor.com/, accessible to blind users. Davis alleges that the website contains significant barriers that prevent her and others from completing transactions, violating the Americans with Disabilities Act (ADA). The complaint details various accessibility issues, including the lack of alternative text for images and the requirement of mouse navigation, which excludes visually impaired users. Davis seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced. The case aims to ensure equal access to the goods and services offered online.

Causes of Action

• Violation of the Americans with Disabilities Act (ADA)
• Declaratory Relief

Key Allegations

• Website is inaccessible to visually impaired individuals
• Failure to provide necessary accommodations for screen-reader users
• Denial of full and equal access to goods and services offered on the Website

Requested Relief

• Preliminary and permanent injunction to prohibit Defendant from violating the ADA
• Injunction requiring Defendant to make the Website accessible to visually impaired individuals
• Declaration that the Website discriminates against the visually impaired
• Class action certification
• Award of costs and expenses of this 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).