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ADA Website Accessibility Lawsuit: an online grocery retailer

Case #NYED-70592669 · District Court, E.D. New York · Filed June 20, 2025

Plaintiff's Firm: Uri Horowitz, Esq.

WCAG 2.2 AAMissing Alt TextKeyboard Navigation IssuesInadequate Focus OrderInfinite Scroll Accessibility

Case Summary

Plaintiff Pasquale Agnone has initiated legal proceedings against a prominent online grocery retailer in the United States District Court for the Eastern District of New York. This civil rights action, filed on June 20, 2025, alleges that the defendant organization's digital platform fails to provide equitable access to visually impaired individuals, thereby denying them independent use of its services.

The complaint outlines several specific violations of the Web Content Accessibility Guidelines (WCAG). These include poorly descriptive or missing alternative text for images, improper landmark insertion hindering navigation, and an "infinite scroll" design that disorients screen reader users by continuously loading content without pagination. Furthermore, the website featured inaccessible drop-down menus, device-specific functionality requiring a mouse, an improperly implemented "skip to content" link, and interactive elements with non-descriptive names. Focus order issues within dialogs also contributed to an inconsistent and keyboard-unfriendly user experience, making transactions impossible without a mouse.

This litigation underscores the critical need for digital platforms across various industries to adhere to established accessibility standards. Businesses maintaining online presences, particularly those offering consumer goods and services, face substantial legal exposure under federal and state accessibility laws if their websites exclude users with disabilities. Ensuring independent access not only averts potential legal challenges but also broadens market reach, reinforcing the principle of equal participation in the digital economy.

Case Q&A

What specific barriers did the plaintiff encounter when trying to use the online grocery platform?

The plaintiff, Pasquale Agnone, experienced issues such as inadequate alternative text for product images, improper use of navigational landmarks, an "infinite scroll" design that hindered page navigation, and inaccessible drop-down menus that were not keyboard-operable. Additionally, interactive elements lacked descriptive names, and the "skip to content" link was faulty.

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

The plaintiff is Pasquale Agnone, a visually-impaired individual. He is represented by Uri Horowitz, Es

What broader implications does this lawsuit have for other companies operating online services?

This case highlights the ongoing legal imperative for digital service providers to maintain accessible websites. Failure to comply with accessibility standards like WCAG can result in legal action under the ADA Title III and similar state laws, emphasizing the necessity for all online businesses to ensure their platforms are independently usable by persons with disabilities.

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