Andre Battle v. PUCKERBUTT PEPPER COMPANY, LLC

Case Summary

According to the complaint, Plaintiff ANDRE BATTLE, a legally blind individual, is suing Puckerbutt Pepper Company, LLC for failing to make their website, Puckerbuttpeppercompany.com, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent blind individuals from completing transactions, violating the Americans with Disabilities Act (ADA). BATTLE claims that he attempted to purchase hot sauces but was unable to navigate the site due to issues such as unlabeled links and lack of alternative text for images. The plaintiffs seek a permanent injunction to require the defendant 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 inaccessible to blind and visually-impaired persons
• Plaintiff encountered significant accessibility barriers preventing online purchases
• Defendant failed to comply with the Americans with Disabilities Act

Requested Relief

• Preliminary and permanent injunction to prohibit Defendant from violating the ADA
• Injunction requiring Defendant to make its website accessible to blind individuals
• Payment of nominal damages
• Compensatory damages
• Punitive damages

Proposed Class

all legally blind individuals in the United States who have attempted to access Puckerbuttpeppercompany.com and as a result have been denied access to the enjoyment of goods and services offered by Puckerbuttpeppercompany.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; venue is proper under 28 U.S.C. §1391(b)(1) and (2).