ADA Website Accessibility Lawsuit: An Online Clothing Retailer

Aishia Petersen has filed an ADA Title III lawsuit in the United States District Court for the Southern District of Florida, Palm Beach Division, on October 4, 2020, against an online clothing retailer. The plaintiff, who is legally blind, alleges that the defendant's e-commerce website is not fully accessible to visually impaired consumers using screen-reading software.

The complaint specifically details several WCAG 2.0 violations, including missing accessible names for image (`img`) elements (WCAG 2.0 F65) and area elements (WCAG 2.0 F65), fieldset elements lacking legend labels (WCAG 2.0 F71), blank label elements (WCAG 2.0 A 4.12), and `aria-hidden` elements containing focusable content (WCAG 2.0 A 1.3.1). These barriers reportedly prevent effective use of screen-reading software, denying the plaintiff full and equal access to the digital platform's content and services.

This lawsuit highlights the ongoing legal risks for online retailers and other public accommodations whose websites are not compliant with ADA Title III and Web Content Accessibility Guidelines. Businesses operating e-commerce platforms must ensure their digital presence is fully accessible to individuals with disabilities to avoid similar litigation, potential injunctive relief, and awards for attorney's fees and costs.