Ashley Tesch v. Tina & Daniel, Inc.

Summary

According to the complaint, Ashley Tesch, a visually impaired individual, is suing Tina & Daniel, Inc. for failing to make their website, https://www.judybluejeans.com, accessible to blind and visually impaired users, violating the Americans with Disabilities Act (ADA). Tesch alleges that the website contains significant access barriers, preventing her and others from independently navigating and completing purchases. The complaint seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced by Tesch and other class members.

About the defendant

Provides consumers access to an array of goods and services, including the ability to purchase a wide range of women’s denim and apparel products, including jeans in multiple fits, capris, trousers, joggers, and sweaters.

What the complaint says

The problems the plaintiff describes with the website.

• Website is inaccessible to visually impaired individuals
• Access barriers prevent independent navigation and purchases
• Defendant's website design relies on an exclusively visual interface
• Failure to provide alternative text for images
• Inadequate focus order and keyboard navigation issues

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

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

What the plaintiff asks for

What the plaintiff wants the court to order.

• Preliminary and permanent injunction to prohibit Defendant from violating the ADA
• Injunction requiring Defendant to make the Website compliant with the ADA
• Declaration that Defendant discriminates against the visually impaired
• Order certifying this case as a class action
• Pre- and post-judgment interest
• Award of costs and expenses of this action together with reasonable attorneys’ and expert fees

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 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.