Constance Henry v. BODY FIRM AEROBICS, LLC

Case Summary

According to the complaint, Constance Henry, a visually-impaired individual, is suing Body Firm Aerobics, LLC for failing to make their website, Vasafitness.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). Key issues include the lack of alternative text for images, improper heading structures, and reliance on mouse navigation, which excludes blind users. Henry seeks a permanent injunction to require Body Firm Aerobics to make their website accessible and compensatory damages for the discrimination faced. The case highlights the ongoing challenges faced by blind individuals in accessing online services.

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 individuals
• Plaintiff encountered multiple accessibility barriers on the website
• Defendant failed to provide equal access to goods and services for blind individuals

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the ADA
• An order requiring Defendant to make its website accessible to blind individuals
• 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 Vasafitness.com and as a result have been denied access to the enjoyment of goods and services offered by Vasafitness.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).