A blind man suing Everyday California argues that the defendant’s website is not accessible to disabled shoppers, which he says is particularly discriminatory amid the Covid-19 pandemic.
“This discrimination is particularly acute during the current COVID-19 global pandemic,” the suit states. “According to the Centers for Disease Control and Prevention, Americans living with disabilities are at higher risk for severe illness from COVID-19 and, therefore, are recommended to shelter in place throughout the duration of the pandemic.This underscores the importance of access to online retailers, such as defendant, for this especially vulnerable population.”
Pittsburgh attorney Benjamin Sweet filed the complaint July 17 on behalf of plaintiff Eric Foreman in the U.S. District Court for the Southern District of Illinois against Everyday California Holdings LLC.
According to the complaint, Foreman is blind after losing his eyesight at four years old to congenial glaucoma. Foreman claims he uses a screen reader to navigate the Internet as well as voiceover technology. Everyday California is described in the suit as “a leader in the design, development, manufacture, and distribution of apparel, accessories, and similar products,” which are available for purchase on the defendant’s website. Foreman claims the website is not fully accessible and does not comply with requirements under the Americans with Disabilities Act (ADA).
Foreman alleges the defendant “denies approximately 8.1 million Americans who have difficulty seeing access to its website’s goods, content, and services because the website is largely incompatible with the screen reader programs these Americans use to navigate an increasingly ecommerce world.”
Foreman filed his civil rights action against the defendant seeking to enforce Title III the Americans with Disabilities Act, which requires the defendant to accommodate persons with disabilities, the suit states.
“By failing to make its website available in a manner compatible with computer screen reader programs, defendant … deprives blind and visually-impaired individuals the benefits of its online goods, content, and services - all benefits it affords nondisabled individuals - thereby increasing the sense of isolation and stigma among these Americans that TItle III was meant to redress,” the suit states.
Foreman seeks a declaratory judgment that the defendant was in violation of the Americans with Disabilities Act. He also seeks an injunction requiring Everyday California to retain a consultant to assist in improving the accessibility of its website and directing the defendant “to take all steps necessary to bring its website into full compliance with the requirements set forth in the ADA.”
Additionally, Foreman seeks punitive damages, court costs and attorneys’ fees.
U.S. District Court for the Southern District of Illinois case number 3:20-cv-704