Cases / Davis v. BMI/BND Travelware – Website Accessibility Lawsuit (California)

Davis v. BMI/BND Travelware – Website Accessibility Lawsuit (California)

A landmark lawsuit against a retailer establishing a direct link between physical stores and website ADA compliance under California law.

Case Background

In 2015, Edward Davis, a legally blind consumer in California, attempted to shop online at ColoradoBaggage.com, a luggage retailer operated by BMI/BND Travelware. Using screenreader software, Davis found the website impossible to navigate. Key problems included **missing alt text for product images, unlabeled buttons, and forms that screen readers could not interpret.**

Davis argued that since BMI/BND Travelware also operated physical stores, the website acted as an extension of those stores and therefore must comply with **Title III of the ADA**, which covers “places of public accommodation.”

Filed 2015, Ruled 2016

The Legal Action and Duration

The suit alleged violations under both the ADA and California’s Unruh Civil Rights Act, allowing state penalties for discrimination.

Filed in Los Angeles Superior Court in mid-2015, the retailer initially argued that websites were not “places of public accommodation” under the ADA. However, the plaintiff countered that the website’s direct link to physical stores created the necessary **“nexus”** to make the ADA applicable.

After roughly nine months of proceedings and exchanging expert reports on web accessibility standards such as WCAG 2.0, the court issued its ruling in March 2016.

Outcome and Aftermath

The judge ruled in favor of Edward Davis, finding that the inaccessible website violated the ADA due to its sufficient "nexus" to the company's physical retail operations.

  • The court awarded $4,000 in statutory damages plus injunctive relief.
  • The retailer was ordered to implement **WCAG 2.0 AA** accessibility standards.
  • The retailer was required to hire an accessibility consultant to audit and verify compliance.

This case became a **landmark example** for digital accessibility law, influencing many subsequent California ADA website cases. It highlighted how even small ecommerce businesses can face lawsuits if their websites are not accessible to visually impaired users.

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RETAIL NEXUS

Focuses on ADA Title III coverage for websites linked to physical places of public accommodation.

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