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ADA Website Accessibility Lawsuit: online apparel retailer

Case #NY-69665428 · District Court, S.D. New York · Filed February 24, 2025

Plaintiff's Firm: GABRIEL A. LEVY, P.C.

Missing Alt TextKeyboard AccessibilitySemantic StructureAccessible FormsUnexpected Content Changes

Case Summary

ALFRED TRIPPETT, a visually-impaired and legally blind plaintiff, initiated a federal lawsuit against an online apparel retailer in the United States District Court for the Southern District of New York on February 24, 2025. This civil rights action alleges that the digital storefront, specializing in premium streetwear and lifestyle apparel, maintains significant accessibility barriers, preventing blind and visually-impaired individuals from fully and independently engaging with its products and services, thereby violating the Americans with Disabilities Act Title III and related state and city laws.

The complaint meticulously details numerous specific WCAG violations hindering independent use. These include an incorrectly defined landmark structure with repetitive labels, the implementation of "infinite scroll" on category pages making footer content inaccessible, and a lack of programmatic association for interactive elements with their labels, rendering their purpose unknown. Furthermore, the website featured improperly formatted category lists, omitted a crucial "skip to content" link, and failed to preserve a correct keyboard tabbing order. Plaintiff also encountered interactive images functioning as links without descriptive content, repeated tabbing to the same destination, disorienting automatic pop-up windows, and unannounced new window openings. The absence of proper search result announcements and poorly descriptive alternative text for product images further compounded the inaccessibility, fundamentally requiring mouse usage for transactions.

This legal action underscores the expanding obligation for digital platforms to ensure universal accessibility, highlighting the substantial legal and reputational risks for businesses that neglect ADA Title III compliance, alongside New York State and City Human Rights Laws. The proliferation of assistive technologies, such as screen-reading software, mandates that online retailers proactively design and maintain accessible websites. Failure to do so not only disenfranchises a significant segment of the population but also exposes companies to litigation, underscoring the critical need for comprehensive digital accessibility to foster inclusive market participation.

Case Q&A

What specific digital barriers did the plaintiff encounter on the website?

The plaintiff experienced issues including poorly defined landmark structures, non-accessible "infinite scroll," interactive elements lacking programmatic labels, improperly formatted lists, the absence of a "skip to content" link, and incorrect keyboard tabbing order. Additionally, images used as links lacked descriptive information, pop-up windows and new browser tabs opened without warning, and alternative text for product images was insufficient.

Who is the plaintiff and which law firm represents them in this case?

The plaintiff is ALFRED TRIPPETT, a visually-impaired individual. He is represented by the law firm GABRIEL

What broader implications does this lawsuit hold for other online businesses?

This lawsuit highlights the legal imperative for all online businesses to ensure their digital platforms are accessible to individuals with disabilities under ADA Title III, as well as state and city human rights laws. Failure to implement widely recognized accessibility standards like WCAG can lead to significant legal challenges and a denial of equal access for visually impaired consumers.

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