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ADA Website Accessibility Lawsuit: an online cannabis retailer

Case # · District Court, C.D. California · Filed October 26, 2021

Plaintiff's Firm: WILSHIRE LAW FIRM

WCAG 2.1 AAMissing Alt TextEmpty LinksRedundant LinksKeyboard Focus Indication

Case Summary

Plaintiff Portia Mason, representing a class of visually impaired individuals, has filed a class action lawsuit against an online cannabis retailer in the United States District Court for the Central District of California on October 26, 2021. The lawsuit, brought by WILSHIRE LAW FIRM, alleges that the defendant's website is not fully and equally accessible to blind and visually impaired people, violating the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act.

The complaint details several specific WCAG violations, including the lack of alternative text (alt-text) for graphics and images, empty links without descriptive text, redundant links leading to the same URL, and linked images also missing alt-text. These barriers prevent screen-readers from accurately vocalizing descriptions and cause confusion for keyboard and screen-reader users, thereby denying equal access to information about products, services, and store locations.

This legal action highlights the ongoing risks for online retailers that fail to design and maintain their digital platforms in compliance with web accessibility guidelines such as WCAG 2.1. Businesses operating e-commerce websites, particularly those with physical locations, could face similar class action lawsuits if their digital services are not independently usable by and equally accessible to individuals with visual impairments.

Case Q&A

What specific WCAG violations is this online cannabis retailer accused of?

The online cannabis retailer is accused of lacking alternative text (alt-text) for graphics and images, having empty links without descriptive text, featuring redundant links to the same URL, and including linked images that also lack alt-text.

Who filed this lawsuit, and which law firm?

Plaintiff Portia Mason, individually and on behalf of a proposed class, filed this lawsuit through WILSHIRE LAW FIRM.

What legal risk does this create?

This creates legal risk for online businesses, especially those in the retail sector, demonstrating that failure to provide an accessible website, particularly regarding screen-reader compatibility and proper text alternatives, can lead to class action litigation under the ADA and state civil rights acts.

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