Court Denies Motion to Dismiss Visually-Impaired Plaintiff's ADA Case Against Outdoor Gear Exchange Inc.

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The case of Weekes v. Outdoor Gear Exch., Inc. is about a visually-impaired person who sued an online store for violating the Americans with Disabilities Act (ADA). The plaintiff argued that the website was not accessible to his screen-reader software and he was unable to purchase items as a result.

The defendant tried to get the case dismissed, but the court denied their motion. The court found that the plaintiff had standing to sue under the ADA because he had suffered past injury and intended to return to the website once the accessibility issues were fixed. The court also noted that the presence of alternative aids, such as customer support reps, did not affect the plaintiff's standing.

The court further held that the defendant had not indicated any intention to accommodate the plaintiff and that the plaintiff had adequately alleged instances of discrimination. The court also rejected the defendant's argument that the plaintiff should have requested an accommodation, as the plaintiff had already put the defendant on notice of his accessibility needs by filing an amended complaint.

Overall, the court ruled that the plaintiff had a valid claim under the ADA and that the case should proceed. This decision is in line with other cases where visually-impaired individuals have sued websites for violating the ADA by failing to provide adequate accessibility.

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