James Evans v. Fishpond, Inc.

Summary

According to the complaint, Plaintiff JAMES EVANS, a legally blind individual, is suing Fishpond, Inc. for failing to make their website, Fishpondusa.com, accessible to blind and visually-impaired users. The complaint alleges that the website contains significant access barriers that prevent users from completing transactions independently. Specific issues include ambiguous link texts, lack of alt-text for images, and the requirement to use a mouse for navigation. Plaintiffs allege that these barriers violate the Americans with Disabilities Act (ADA) and seek a permanent injunction to require Fishpond to make its website accessible, along with compensatory damages for the discrimination experienced by the class members.

About the defendant

Fishpondusa.com provides consumers with access to an array of goods and services, including fly-fishing gear, bags, packs, landing nets, fly boxes, storage accessories, fishing tools, and luggage.

What the complaint says

The problems the plaintiff describes with the website.

• Defendant's website is inaccessible to blind and visually-impaired persons
• Plaintiff was denied the ability to complete a purchase on Fishpondusa.com due to accessibility barriers
• Defendant failed to make reasonable modifications to its website to accommodate individuals with disabilities

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 Americans with Disabilities Act
• A declaration that Defendant’s website discriminates against the blind
• 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 Fishpondusa.com and as a result have been denied access to the enjoyment of goods and services offered by Fishpondusa.com, during the relevant statutory period.