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James Evans v. Outlaw Dip Company Inc.

Filed

Case details

Standards cited
WCAG 2.2

Summary

According to the complaint, James Evans, a visually impaired individual, is suing Outlaw Dip Company Inc. for failing to make its website, outlawdip.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). Evans alleges that the website contains significant barriers that prevent him and others from independently navigating and completing purchases. He encountered issues such as inaccessible navigation menus and inadequate alternative text for images. Evans seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced. The case is filed as a class action on behalf of all legally blind individuals who have faced similar barriers.

About the defendant

Provides consumers access to an array of tobacco-free and nicotine-free smokeless products, including pouches and herbal snuff, available for online purchase.

What the complaint says

The problems the plaintiff describes with the website.

  • Website is inaccessible to visually impaired individuals
  • Access barriers prevent independent navigation and transactions
  • Defendant failed 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 violations of the ADA
  • Injunction requiring compliance with ADA accessibility standards
  • Declaration of discriminatory practices against visually impaired individuals
  • Class action certification
  • Pre- and post-judgment interest
  • Award of costs and attorney 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.