Can we count your visit?

Our analytics service records the pages you view, so we can see which ones are useful. It saves a random ID in your browser, and we never use it for advertising. Read our privacy policy.

Nicole Da Vis v. HIRT’s, LLC

Filed

Case details

Summary

According to the complaint, plaintiff NICOLE DA VIS, a legally blind individual, is suing Hirt's, LLC for failing to make their website, Hirts.com, accessible to blind and visually-impaired users. The complaint alleges that the website contains significant barriers that prevent these users from independently navigating and completing transactions. Specific issues include inadequate labeling, reliance on visual elements, and a lack of necessary accommodations for screen-reading software. Plaintiffs allege that these barriers violate the Americans with Disabilities Act. They seek a permanent injunction to require Hirt's to make their website accessible and compensatory damages for the discrimination experienced. The case is filed in the Northern District of Illinois.

About the defendant

Hirt's provides a wide array of goods and services, including the ability to view and purchase indoor and outdoor plants, seeds, and gardening products online.

What the complaint says

The problems the plaintiff describes with the website.

  • Hirt's website is not accessible to blind and visually-impaired persons
  • Plaintiff encountered significant access barriers on Hirts.com
  • Defendant's actions violate the Americans with Disabilities Act

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 ADA
  • An order requiring Defendant to make Hirts.com accessible to blind individuals
  • Payment of nominal damages
  • 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 Hirts.com and as a result have been denied access to the enjoyment of goods and services offered by Hirts.com, during the relevant statutory period.