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ADA Website Accessibility Lawsuit: an outdoor sporting goods retailer

Case #NY-70161477 · District Court, S.D. New York · Filed May 6, 2025

Plaintiff's Firm: STEIN SAKS, PLLC

WCAG 2.1 AAMissing Alt TextScreen Reader IncompatibilityKeyboard AccessibilityInaccessible Interactive Elements

Case Summary

Plaintiff FELIPE FERNANDEZ, a visually-impaired individual, has initiated a federal lawsuit against an online outdoor sporting goods retailer. This action, filed on May 6, 2025, in the United States District Court for the Southern District of New York, alleges significant barriers on the defendant's website, precluding full and equal access for blind users. The complaint underscores the defendant's failure to maintain a digital platform compliant with the Americans with Disabilities Act, causing the plaintiff to be denied the opportunity to browse and purchase products, specifically hiking boots.

The complaint identifies a range of specific accessibility deficiencies on the digital platform. These include the absence of alternative text for non-text elements, hidden elements on web pages, improperly formatted lists, and unexpected pop-ups. Furthermore, interactive elements often lacked clear labels, some events required mouse interaction exclusively, and numerous broken links were present, hindering navigation. The site's "Accessibility Widget" also reportedly interfered with screen reader software, while multiple landmarks of the same type lacked unique labels, causing confusion. Filtering products led to entire page reloads, repositioning keyboard focus unexpectedly, and interactive "buttons" were incorrectly structured using generic tags like or instead of appropriate programmatic roles, delivering ambiguous information to assistive technology users. Additionally, the complaint mentions the lack of labels or instructions for user input fields (like captchas), markup language errors (incomplete tags, non-nested elements, duplicate attributes, non-unique IDs), inaccessible PDF documents, and unidentifiable user interface elements via programmatic means.

This case underscores the increasing legal scrutiny faced by digital platforms that fail to meet recognized accessibility standards, such as WCAG 2.1. Any business operating an online presence, especially those offering goods and services to the public, runs a substantial risk of litigation under Title III of the Americans with Disabilities Act and similar state and local laws if their websites are not independently usable by individuals with visual impairments. Proactive adherence to accessibility guidelines is crucial for avoiding costly lawsuits, ensuring equitable access, and expanding customer reach in an increasingly digital marketplace.

Case Q&A

What specific barriers did visually-impaired users encounter on the online store's website?

Users relying on screen-reading software faced several challenges, including missing alt-text for images, hidden web page elements, incorrectly structured lists, unannounced pop-ups, and unclear labels for interactive features. Additionally, the website presented broken links, an ineffective accessibility widget, unlabelled duplicate landmarks, confusing page reloads when filtering, and improperly coded interactive buttons. The complaint also noted issues with user input labels, markup errors, inaccessible PDFs, and unidentifiable UI elements.

Who is bringing this lawsuit and which law firm represents them?

FELIPE FERNANDEZ, a visually-impaired individual, is the plaintiff in this action, represented by the law firm STEIN SAKS, PLLC.

What broader implications does this legal action have for digital commerce?

This lawsuit highlights the critical necessity for all online businesses, particularly those engaged in retail, to ensure their digital platforms are fully accessible to individuals with disabilities. Non-compliance with accessibility standards like WCAG 2.1 exposes companies to legal challenges, potential injunctions, and damages, emphasizing the importance of proactive digital inclusion.

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