James Evans v. FISHPOND, INC.

Case Summary

According to the complaint, Plaintiff JAMES EVANS, a legally blind individual, is suing Fishpond, Inc. for failing to make their website, Fishpondusa.com, accessible to blind and visually-impaired users. The complaint alleges that the website contains significant access barriers that prevent users from completing transactions independently. Specific issues include ambiguous link texts, lack of alt-text for images, and the requirement to use a mouse for navigation. Plaintiffs allege that these barriers violate the Americans with Disabilities Act (ADA) and seek a permanent injunction to require Fishpond to make its website accessible, along with compensatory damages for the discrimination experienced by the class members.

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 complete a purchase on Fishpondusa.com due to accessibility barriers
• Defendant failed to make reasonable modifications to its website to accommodate individuals with disabilities

Requested Relief

• A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act
• A declaration that Defendant's website discriminates against the blind
• 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 Fishpondusa.com and as a result have been denied access to the enjoyment of goods and services offered by Fishpondusa.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).