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Nicole Da Vis v. Portland Product Werks, LLC

Filed

Case details

Summary

According to the complaint, plaintiff NICOLE DA VIS is suing Portland Product Werks, LLC for failing to make their website, Dovetailworkwear.com, accessible to blind and visually-impaired individuals. The complaint alleges that the website contains significant barriers that prevent these individuals from independently navigating and completing purchases. Specific issues include inaccessible navigation menus and lack of descriptive labels for interactive elements. Plaintiffs allege that this violates the Americans with Disabilities Act (ADA) and seek a permanent injunction to require the defendant to make the website accessible, along with compensatory damages for the class members affected.

About the defendant

Dovetailworkwear.com provides consumers with access to an array of goods and services, including the ability to view and purchase women's workwear such as pants, overalls, coveralls, work shirts, outerwear, accessories, and flame-resistant clothing.

What the complaint says

The problems the plaintiff describes with the website.

  • Defendant's website is inaccessible to blind and visually-impaired persons
  • Plaintiff was denied the ability to independently navigate and make purchases on the website
  • Defendant failed to implement necessary accessibility features

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 Americans with Disabilities Act
  • A declaration that Defendant’s website discriminates against the blind
  • Compensatory damages
  • Punitive damages

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 Dovetailworkwear.com and as a result have been denied access to the enjoyment of goods and services offered by Dovetailworkwear.com, during the relevant statutory period.