Howard Wilson v. DH7 ENTERPRISE, LLC

Summary

According to the complaint, plaintiff Howard Wilson, a visually impaired individual, is suing DH7 Enterprise, LLC for failing to make its website, www.succulentsbox.com, accessible under the Americans with Disabilities Act (ADA). Wilson alleges that he encountered multiple barriers while attempting to access the website to purchase a Bunny Ear Cactus, which prevented him from enjoying the same shopping experience as sighted individuals. The complaint cites various access issues, including missing alt-text and broken links, which violate the ADA. Wilson seeks a permanent injunction requiring the defendant to implement changes to ensure the website is accessible to blind and visually impaired users.

About the defendant

A specialty retailer focused on succulents and cacti, offering a wide selection of individual plants, subscription boxes, and plant care items.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant’s website is not accessible to blind and visually impaired individuals.
• Plaintiff encountered barriers that denied him full access to the website.
• Defendant has failed to comply with the ADA requirements for website accessibility.

Legal claims

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

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• Declaratory Relief

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 fully compliant with the ADA.
• Payment of nominal 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 Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services, during the relevant statutory period.