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ADA Website Accessibility Lawsuit: Online Gourmet Food Retailer

Case #NY-18533177 · District Court, S.D. New York · Filed October 13, 2020

Plaintiff's Firm: COHEN & MIZRAHI LLP

WCAG 2.1 AAMissing Alt TextKeyboard Navigation IssuesScreen Reader IncompatibilityInaccessible PDFs

Case Summary

Josue Romero, a visually impaired individual, has initiated a federal lawsuit against an online gourmet food retailer. The complaint, filed in the United States District Court for the Southern District of New York on October 13, 2020, asserts that the company's website fails to comply with the Americans with Disabilities Act Title III, effectively denying equal access to blind and visually impaired consumers.

The legal filing specifically details numerous Web Content Accessibility Guidelines (WCAG) violations observed by Mr. Romero. These deficiencies include a pervasive lack of alternative text for graphical elements, rendering images and linked images indiscernible to screen readers. Further issues encompass empty and redundant links, an absence of discernable keyboard focus indicators, and poorly labeled interactive components such as product prices and sort filters. The complaint also highlights the failure to programmatically determine the default language of web pages, improper handling of sub-menus during keyboard navigation, and the presence of inaccessible Portable Document Format (PDF) files, all of which impede independent navigation and content comprehension.

This action underscores the growing legal imperative for all businesses operating online to ensure their digital platforms are fully inclusive. Companies offering goods and services via the internet face substantial exposure under federal and state accessibility laws if their websites do not meet established standards like WCAG 2.1. Such litigation serves as a critical reminder that a proactive approach to digital accessibility is essential to mitigate legal risks, avoid costly remedies, and uphold equitable access for all potential customers.

Case Q&A

What specific accessibility deficiencies were cited in the complaint against the online platform?

The complaint alleged multiple WCAG violations, including a lack of alternative text for images, empty and redundant links, issues with keyboard navigation and focus indicators, improperly labeled product prices and filters, and inaccessible PDF documents.

Who filed this lawsuit and which legal team is representing the plaintiff?

Josue Romero, a visually impaired individual, filed this lawsuit, and he is represented by the legal team at COHEN & MIZRAHI LLP.

What broader implications does this case suggest for other online businesses?

This case highlights the ongoing legal risks for online businesses that fail to make their digital platforms accessible to disabled users, emphasizing the need for compliance with accessibility standards such as WCAG 2.1 to avoid similar litigation and ensure equal access.

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