Kenneth Henderson v. Wgw Sales Inc.

Summary

According to the complaint, Kenneth Henderson, a visually impaired individual, is suing Wgw Sales Inc. for failing to make its website, silverjeans.com, accessible to blind users, violating the Americans with Disabilities Act (ADA). Henderson alleges that the website contains significant barriers that prevent him and others from independently navigating and completing purchases. The complaint cites various accessibility issues, including inadequate alternative text for images and reliance on mouse navigation, which excludes visually impaired users. Henderson 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 attempted to access the website.

About the defendant

Provides a wide array of denim products including jeans, shorts, pants, jackets, skirts, dresses, tops, and accessories 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 purchasing
• 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 comply with the ADA
• Order to make the Website accessible to visually impaired individuals
• Declaration of discrimination 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.