Constance Henry v. DREAM DUFFEL, LLC

Case Summary

According to the complaint, Plaintiff Constance Henry, a legally blind individual, is suing Dream Duffel, LLC for failing to make their website, Dreamduffel.com, accessible to blind users. The complaint alleges that the website contains significant barriers that prevent blind individuals from independently navigating and completing purchases. Specific issues include inadequate alternative text for images, reliance on mouse navigation, and inaccessible forms. Plaintiffs allege that these barriers violate the Americans with Disabilities Act (ADA) and seek a permanent injunction to require Dream Duffel to make its website accessible, along with compensatory damages for affected 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 was denied the ability to independently navigate and make purchases on the website
• Significant access barriers exist on the website that violate the ADA

Requested Relief

• Preliminary and permanent injunction to prohibit Defendant from violating the ADA
• Injunction requiring Defendant to make its website accessible to blind individuals
• Declaration that Defendant's website discriminates against the blind
• Class action certification
• Payment of nominal damages
• Pre- and post-judgment interest
• Award of costs and expenses
• Punitive damages
• Compensatory damages

Proposed Class

all legally blind individuals in the United States who have attempted to access Dreamduffel.com and as a result have been denied access to the enjoyment of goods and services offered by Dreamduffel.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)