ADA Website Accessibility Lawsuit: Online Apparel and Accessories Retailer

Plaintiff VICTOR ARIZA filed a lawsuit against an online apparel and accessories retailer in the United States District Court, Southern District of Florida, on May 27, 2022. The complaint, filed by RODERICK V. HANNAH, ESQ., P.A. and LAW OFFICE OF PELAYO DURAN, P.A., alleges that the retailer's website contains access barriers that discriminate against visually disabled individuals, violating Title III of the Americans with Disabilities Act and the Miami-Dade County Code.

The plaintiff, who is blind and uses screen reader software, claims the website fails to provide equal access due to various WCAG violations. Specific barriers include inaccessible product descriptions and prices, improperly labeled out-of-stock items, mislabeled social media links, an inaccessible "X" button for pop-up windows, mislabeled Wishlist buttons, inaccessible submenus (e.g., "New In" menu headers), mislabeled product images, unclear size options in filters and product pages (e.g., "radio button no selected one to twenty 29" and abbreviated letter sizes), inaccessible size chart information, and mislabeled Apple/Google Play App and social media buttons in the footer. The website's "accessibility" statement was also found to be inaccessible.

This action highlights the ongoing legal risk for online retailers and other public accommodations whose digital platforms do not meet accessibility standards. Businesses operating e-commerce websites with a nexus to physical stores face potential lawsuits under federal and local disability laws if their sites are not fully usable by individuals relying on screen reader software and keyboard navigation. Ensuring adherence to web accessibility guidelines, such as WCAG 2.0 Level AA, is crucial to avoid claims of discrimination, injunctions, and significant legal costs.