Nicole Da Vis v. HIRT'S, LLC

Case Summary

According to the complaint, plaintiff NICOLE DA VIS, a legally blind individual, is suing Hirt's, LLC for failing to make their website, Hirts.com, accessible to blind and visually-impaired users. The complaint alleges that the website contains significant barriers that prevent these users from independently navigating and completing transactions. Specific issues include inadequate labeling, reliance on visual elements, and a lack of necessary accommodations for screen-reading software. Plaintiffs allege that these barriers violate the Americans with Disabilities Act. They seek a permanent injunction to require Hirt's to make their 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

• Hirt's website is not accessible to blind and visually-impaired persons
• Plaintiff encountered significant access barriers on Hirts.com
• Defendant's actions violate the Americans with Disabilities Act

Requested Relief

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