Martrell Desamonta Booker v. Tipsy Elves LLC
Filed
Case details
- Defendant’s website
- Standards cited
- WCAG 2.2
Summary
According to the complaint, MARTRELL DESAMONTA BOOKER, a visually impaired individual, is suing Tipsy Elves LLC for failing to make its website, https://www.tipsyelves.com/, accessible to blind users, violating the Americans with Disabilities Act (ADA). Booker alleges that the website contains significant barriers that prevent visually impaired individuals from independently navigating and completing transactions. The complaint seeks a permanent injunction to require the defendant to make the website accessible and compensatory damages for the discrimination faced by Booker and other class members. The plaintiff claims that the website's design relies on visual elements that are not compatible with screen-reading software, thus denying equal access to goods and services offered online.
About the defendant
Offers a wide array of holiday-themed apparel and accessories, including sweaters, t-shirts, hoodies, jackets, snow suits, dresses, costumes, and novelty accessories.
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)
- Declaratory Relief
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.