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ADA Website Accessibility Lawsuit: an online mattress retailer

Case #NY-18557929 · District Court, S.D. New York · Filed October 21, 2020

Plaintiff's Firm: COHEN & MIZRAHI LLP

WCAG 2.1 AAMissing Alt TextKeyboard AccessibilityScreen Reader IncompatibilityInaccessible Forms

Case Summary

In October 2020, plaintiff JOSUE ROMERO initiated a class action lawsuit against an online mattress retailer in the United States District Court for the Southern District of New York. The complaint, filed by COHEN & MIZRAHI LLP, asserts that the retailer's digital platform, offering various goods and services, contains numerous accessibility barriers, rendering it non-compliant with the Americans with Disabilities Act (ADA) Title III, the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL).

The legal filing details a range of specific Web Content Accessibility Guidelines (WCAG) violations that impede access for blind and visually impaired users. These critical issues include the pervasive absence of alternative text for graphical elements, rendering images and non-text components indecipherable to screen readers. Further challenges involve empty and unlabeled links, which disorient users attempting to navigate the site, and the lack of proper labeling for crucial interface elements like shopping cart functions and product descriptions. The platform also allegedly fails to provide accessible forms and content in Portable Document Format (PDF), alongside general keyboard operability deficiencies that prevent independent navigation and interaction with the user interface.

Businesses operating online, particularly those offering consumer goods, face substantial legal exposure when their digital properties neglect accessibility standards. This complaint underscores the imperative for all public accommodations to ensure their websites are fully navigable and independently usable by individuals with disabilities. Failing to proactively address such barriers can result in significant injunctive relief demands, compensatory damages, civil penalties, and the considerable costs associated with litigation and court-mandated accessibility overhauls, signaling a clear risk for any entity not prioritizing inclusive digital design.

Case Q&A

What specific accessibility deficiencies were cited on the online retailer's platform?

The website was alleged to have various accessibility issues, including missing alternative text for images, empty and unlabeled links, a lack of accessible forms, product descriptions not integrating with screen readers, and inaccessible PDF content. These flaws prevented visually impaired users from navigating and understanding the site's offerings.

Who brought this lawsuit, and which legal counsel is representing them?

JOSUE ROMERO, a visually-impaired individual, filed this class action. He is represented by the law firm COHEN & MIZRAHI LLP.

What broader implications does this type of complaint hold for other digital businesses?

Such lawsuits highlight the critical legal necessity for all online public accommodations to adhere to digital accessibility standards, like WCAG. Failure to do so risks injunctions, financial penalties, and damages, signaling that neglecting inclusive web design can lead to significant litigation and operational disruption.

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