Livingston Bennett v. Eagle Claw Fishing Tackle Co.

Summary

According to the complaint, LIVINGSTON BENNETT, a visually impaired individual, is suing Eagle Claw Fishing Tackle Co. for failing to make its website, eagleclaw.com, accessible to blind and visually impaired users. Bennett alleges that the website contains significant access barriers that prevent him and others from independently navigating and completing transactions. The complaint cites violations of the Americans with Disabilities Act (ADA) and seeks a permanent injunction to require the defendant to make the website accessible, along with compensatory damages for affected individuals. Bennett claims that the website's design excludes visually impaired individuals from accessing the goods and services offered, which is a violation of their rights under the ADA.

About the defendant

Provides consumers access to an array of fishing gear and tackle, including fishing hooks, rods, reels, sinkers, swivels, rigs, jigs, bait accessories, and essential equipment for freshwater, saltwater, fly and ice fishing.

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 provide necessary accommodations for screen-reader users

Legal claims

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

• Violation of the Americans with Disabilities Act (ADA)
• Declaratory Relief

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 the visually impaired
• Order certifying this case as a class action
• Pre- and post-judgment interest
• Award of costs and expenses of this action

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.