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Dustin Youngren v. Decor-ware International, Inc.

Filed

Case details

Summary

According to the complaint, plaintiff Dustin Youngren, a legally blind individual, is suing Decor-Ware International, Inc. for failing to make their website, Dwhome.com, accessible to blind users. Youngren alleges that he encountered numerous barriers while attempting to navigate the site, which prevented him from completing a purchase of a scented candle. The complaint cites violations of the Americans with Disabilities Act (ADA) due to the website's design, which relies heavily on visual elements and does not accommodate screen-reading software. Youngren seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination he faced. The case is filed in the Northern District of Illinois.

About the defendant

Decor-Ware International provides a wide array of home fragrance products including reed diffusers, room and linen sprays, essential oils, air fresheners, and candles.

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 on Dwhome.com that prevented him from completing a purchase.
  • Defendant has failed to take necessary steps to make its website accessible as required by 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 order requiring Defendant to make its website compliant with the ADA.
  • Payment of nominal 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 Dwhome.com and as a result have been denied access to the enjoyment of goods and services offered by Dwhome.com, during the relevant statutory period.