A blind man claims a company selling watch accessories discriminates against disabled consumers by allegedly violating the Americans with Disabilities Act with its alleged inaccessible website.
Eric Foreman filed the complaint on Dec. 31 in the U.S. District Court for the Southern District of Illinois against Clockwork Synergy LLC. The suit was filed through Pittsburgh attorney Benjamin Sweet.
Sweet wrote that because of the COVID-19 pandemic, the “discrimination is particularly acute.”
“According to the Centers for Disease Control and Prevention (CDC), Americans living with disabilities are at higher risk for severe illness from COVID-19 and, therefore, are recommended to shelter in place throughout the pandemic,” he wrote. “This underscores the importance of access to online retailers, such as defendant, for this especially vulnerable population.”
Sweet argues that COVID-19 is “particularly dangerous for disabled individuals” and that the “overwhelming burden” on hospitals could lead to rationed treatment.
“Although the Department of Health has ensured that no priority treatment will occur, disabled individuals fear that their diminished capacity to communicate will affect their treatment. With public health experts expecting social distancing to extend through 2022 and the uncertainty surrounding businesses transitioning back to normal operations, the importance of accessible online services has been heightened. During these unprecedented times, disabled individuals risk losing their jobs, experiencing difficulty acquiring goods and services like health care, and not having the information they need to stay safe.”
According to the complaint, Foreman became blind after losing his eyesight at four years old to congenital glaucoma. Foreman claims he uses a screen reader to navigate the Internet as well as voiceover technology. Clockwork Synergy is described as “a leader in the design, development, manufacturer, and distribution of apple watch bands, accessories, and similar products,” which may be purchased online. Foreman claims the defendant’s website is not fully accessible for consumers and does not comply with requirements under the Americans with Disabilities Act (ADA).
Foreman claims he attempted to access the Clockwork Synergy website from his St. Clair County home. However, he alleges he was unable to understand the website. For example, the shopping cart icon is not labeled on the website, which is announced as “zero link.” Additionally, the 15 percent promotional pop-up is not announced to screen-reader users, causing them to be unaware of the offer.
Further, product options are not labeled. Instead, screen-reader users hear “choose an option” three times, but the options are not announced.
“Unfortunately, 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,” the suit states.
Foreman seeks to enforce the Americans with Disabilities Act, which requires that disabled consumers be provided with auxiliary aids and services, benefits equal to nondisabled individuals and equal access to online content.
“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 the [Americans with Disabilities Act] was meant to redress,” the suit states.
Foreman argues that removing the website’s barriers may be done without much difficulty or expense.
“Plaintiff has been, and in the absence of an injunction, will continue to be, injured by defendant’s failure to provide its online content and services in a manner that is compatible with screen-reader technology,” the suit states.
U.S. District Court for the Southern District of Illinois case number 3:20-cv-1379