Howard Wilson v. T & M JEWELRY, INC.

Case Summary

According to the complaint, plaintiff Howard Wilson, a visually impaired individual, is suing T & M Jewelry, Inc. for failing to make its website, www.thecastlejewelry.com, accessible under the Americans with Disabilities Act (ADA). Wilson alleges that he encountered multiple barriers while attempting to access the website to purchase a Horseshoe Ring, which prevented him from enjoying the same shopping experience as sighted individuals. The complaint cites specific access issues such as missing alt-text and broken links, which hindered his ability to navigate the site. Wilson seeks a permanent injunction to require the defendant to comply with accessibility standards and to ensure that the website is usable for blind individuals. He also requests class certification for all legally blind individuals who have faced similar issues.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• Declaratory Relief

Key Allegations

• Defendant's website is not accessible to blind and visually impaired individuals.
• Plaintiff encountered barriers preventing access to the website's goods and services.
• Defendant failed to comply with WCAG 2.1 guidelines.

Requested Relief

• Permanent injunction requiring Defendant to make its website accessible to blind individuals.
• Certification of the Class under Fed. R. Civ. P. 23.
• Payment of nominal damages.

Proposed Class

All legally blind individuals in the United States who have attempted to access Defendant’s Website and as a result have been denied access to the equal enjoyment of goods and services, 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).