Andre Battle v. Dakota Timber Company, LLC

Summary

According to the complaint, Andre Battle, a visually impaired individual, is suing Dakota Timber Company, LLC for failing to make its website, Dakotatimberco.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). Battle alleges that he encountered significant barriers while attempting to purchase a floating shelf kit online, including inaccessible navigation and missing alternative text for images. He seeks a permanent injunction to require the company to make its 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.

About the defendant

Dakota Timber Company provides a wide array of wood home décor and shelving products, including fireplace mantels, floating shelf kits, reclaimed wood ceiling beams, shiplap paneling, and charcuterie boards, available for purchase online.

What the complaint says

The problems the plaintiff describes with the website.

• Plaintiff is visually impaired and requires screen-reading software to access websites.
• Dakota Timber Company's website is not accessible to blind users, violating the ADA.
• Plaintiff encountered multiple accessibility barriers while attempting to make a purchase on the website.

Legal claims

The laws the plaintiff says the defendant broke, called 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

What the plaintiff asks for

What the plaintiff wants the court to order.

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA.
• An injunction requiring Defendant to make its website compliant with the ADA.
• A 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.
• An 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

The group of people the plaintiff asks to represent, so the case can cover them too.

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