ADA Website Accessibility Lawsuit: A University's Online Presence

In a recent legal action filed on February 26, 2025, in the United States District Court for the Southern District of New York, plaintiff EDERY HERRERA initiated a class-action lawsuit against an educational institution operating an online presence and integrated retail store. Represented by GOTTLIEB & ASSOCIATES PLLC, Mr. Herrera, who is visually impaired, alleges that the digital platforms maintained by the defendant are not fully accessible, thereby denying blind and visually-impaired individuals equal access to their goods, services, and information, a core violation of federal and state disability laws.

The complaint meticulously details numerous specific accessibility shortcomings on the university's digital platforms. These include a critical absence of alternative text for images and non-text elements, which renders visual content uninterpretable by screen-reading software. Furthermore, the platform features empty links devoid of descriptive text and redundant links that create navigational inefficiencies for keyboard users. Other significant barriers cited encompass the failure to provide equivalent text for scripts, forms lacking parity in information and functionality for sighted versus non-sighted users, and content whose meaning is solely conveyed visually. The digital presence also suffers from issues like non-resizable text, enforced time limits without user control, missing or non-descriptive page titles, and broken hyperlinks that fail to communicate their status to screen readers, severely hindering independent navigation.

This litigation highlights the persistent legal exposure faced by online businesses and organizations that do not prioritize comprehensive digital accessibility. Such cases underscore that merely having a web presence is insufficient; it must be equally usable by all, including individuals with disabilities, in compliance with ADA Title III, the New York State Human Rights Law, the New York City Human Rights Law, and New York General Business Law § 349. Failure to address these systemic barriers can lead to significant legal liabilities, encompassing demands for permanent injunctive relief, compensatory damages, civil penalties, and substantial attorney's fees, serving as a stark reminder for all public accommodations to invest in and maintain accessible digital environments.