Andre Battle v. Victus Sports, LLC

Summary

According to the complaint, Andre Battle, a visually impaired individual, is suing Victus Sports, LLC for failing to make their website, Victussports.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). The complaint alleges that the website contains numerous barriers that prevent blind individuals from independently navigating and completing purchases. Battle attempted to buy a softball bat but encountered significant accessibility issues, including unclear labels and the requirement to use a mouse, which he cannot do. He seeks a permanent injunction to require Victus Sports to make their website accessible and compensatory damages for the discrimination faced. The case is filed as a class action on behalf of all legally blind individuals denied access to the website.

About the defendant

Victus Sports provides a wide array of baseball and softball equipment and apparel, including bats, gloves, training gear, and accessories, 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 the website.
• Victus Sports' website contains significant access barriers preventing blind users from completing transactions.
• Defendant has failed to make the website accessible, violating the ADA.

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 accessible
• A declaration of discrimination against blind individuals
• Class action certification
• Payment of nominal damages
• Pre- and post-judgment interest
• Award of costs and expenses
• Punitive damages
• Compensatory damages

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 Victussports.com and as a result have been denied access to the enjoyment of goods and services offered by Victussports.com, during the relevant statutory period.