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Dustin Youngren v. Bennington Potters, Inc.

Filed

Case details

Summary

According to the complaint, Plaintiff DUSTIN YOUNGREN, a visually-impaired individual, is suing Bennington Potters, Inc. for failing to make their website, Benningtonpotters.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). YOUNGREN claims he was unable to purchase dinnerware due to these barriers, which include inaccessible interactive elements and lack of proper alt-text. 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.

About the defendant

Bennington Potters provides a wide array of handmade stoneware products, including cookware, mugs, cups, plates, bowls, and dinnerware, available for online purchase.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is inaccessible to blind and visually-impaired persons
  • Plaintiff encountered significant access barriers preventing online transactions
  • Defendant failed to comply with the Americans with Disabilities Act

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.

  • Preliminary and permanent injunction to prohibit Defendant from violating the ADA
  • Injunction requiring Defendant to make its website accessible
  • Declaration of discrimination against the blind
  • 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 Benningtonpotters.com and as a result have been denied access to the enjoyment of goods and services offered by Benningtonpotters.com, during the relevant statutory period.