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Howard Wilson v. Esr, LLC

Filed

Case details

Standards cited
WCAG 2.1

Summary

According to the complaint, Howard Wilson, a visually-impaired individual, is suing ESR, LLC for failing to make its website, www.allcitycandy.com, accessible under the Americans with Disabilities Act (ADA). Wilson alleges that he encountered numerous barriers while attempting to access the website, which prevented him from purchasing products. The complaint cites specific access issues such as missing alt-text and broken links. Wilson seeks a permanent injunction requiring ESR to comply with accessibility standards and to implement changes to ensure equal access for visually-impaired users.

About the defendant

Offers a wide variety of candy, including nostalgic treats, bulk options, and themed collections for online sale.

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 full access to the website.
  • Defendant failed to comply with WCAG 2.1 guidelines.

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 Americans with Disabilities Act.
  • A declaration that Defendant discriminates against the blind and fails to provide access as required by the ADA.
  • Payment of nominal damages.
  • An 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 Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services, during the relevant statutory period.