Andre Battle v. B&B ACQUISITION, INC.

Case Summary

According to the complaint, Plaintiff ANDRE BATTLE, a legally blind individual, is suing B&B Acquisition, Inc. for failing to make their website, Candlewarmers.com, accessible to blind and visually-impaired users. The complaint alleges that the website contains significant barriers that prevent users from completing transactions, violating the Americans with Disabilities Act (ADA). BATTLE claims that he encountered multiple accessibility issues while attempting to purchase a fragrance warmer, including inaccessible drop-down menus and inadequate alternative text for images. The plaintiffs seek a permanent injunction to require B&B Acquisition to make the website accessible and compensatory damages for the discrimination faced by blind users.

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

Key Allegations

• Defendant's website is not accessible to blind and visually-impaired persons.
• Plaintiff encountered multiple accessibility barriers preventing him from completing a purchase.
• Defendant has failed to take necessary steps to make the website accessible.

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA.
• An order requiring Defendant to make its website compliant with the ADA.
• Payment of nominal damages.
• Compensatory damages in an amount to be determined at trial.

Proposed Class

all legally blind individuals in the United States who have attempted to access Candlewarmers.com and as a result have been denied access to the enjoyment of goods and services offered by Candlewarmers.com, during the relevant statutory period.

Jurisdiction & Venue

This Court has subject-matter jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 12182, and venue is proper under 28 U.S.C. §1391(b)(1) and (2).