James Evans v. Cigars Inc.

Summary

According to the complaint, James Evans, a visually impaired individual, is suing Cigars Inc. for failing to make its website, Cigarplace.biz, accessible to blind users. Evans alleges that the website contains numerous barriers that prevent visually impaired individuals from completing transactions, violating the Americans with Disabilities Act (ADA). The complaint seeks a permanent injunction to require the defendant to make the website accessible, as well as compensatory damages for the class of visually impaired individuals affected by these barriers.

About the defendant

Provides an online platform for purchasing cigars, humidors, lighters, ashtrays, cutters, cigar gifts, and smoking accessories.

What the complaint says

The problems the plaintiff describes with the website.

• Website is inaccessible to visually impaired individuals
• Denial of equal access to goods and services offered through the Website
• Failure to implement necessary accessibility features

Legal claims

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

• Violation of the Americans with Disabilities Act (ADA)

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 the Website discriminates against visually impaired individuals
• Class action certification
• 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.