James Evans v. FREE FLY FISHING COMPANY, LLC

Case Summary

According to the complaint, Plaintiff JAMES EVANS, a legally blind individual, is suing Free Fly Fishing Company, LLC for failing to make their website, Freeflyapparel.com, accessible to blind and visually-impaired users. The complaint alleges that the website contains significant barriers that prevent users from completing transactions independently, violating the Americans with Disabilities Act (ADA). Key issues include the lack of alternative text for images, inaccessible forms, and reliance on a visual interface. Plaintiffs seek a permanent injunction to require the Defendant to make the website accessible and compensatory damages for the discrimination experienced. The case is filed in the Northern District of Illinois.

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 not accessible to blind and visually-impaired persons
• Plaintiff encountered significant access barriers on Freeflyapparel.com
• Defendant has failed to take necessary steps to make the website accessible

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 Freeflyapparel.com and as a result have been denied access to the enjoyment of goods and services offered by Freeflyapparel.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) because Defendant conducts business in this District.