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Saturday, May 11, 2024

Blues Hog sued over alleged ADA noncompliant website

Federal Court
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Sweet

EAST ST. LOUIS — BBQ sauce manufacturer Blues Hog is facing a suit alleging its website is not compliant with the Americans with Disabilities Act (ADA).  

Eric Foreman filed a complaint June 24 in the U.S. District Court for the Southern District of Illinois against Blues Hog LLC, alleging violation of the ADA.

Foreman has filed a dozen similar lawsuits in federal court since June 2020. 

Blues Hog is a leading manufacturer of BBQ sauce, marinades and other products, the suit states.

According to his complaint, Foreman is totally blind and uses a screen reader and voiceover technology for internet use. He alleges that Blues Hog has failed to make its website "compatible with computer screen reader programs" and is not fully accessible to the plaintiff, which has caused him to be denied the benefit of its content and services. 

Foreman specifically alleges Blues Hog's website does not allow those with screen readers to identify the "cart icon" when trying to make a purchase and does not announce submenu items. He claims that if the site was accessible to him, he could "independently" research and purchase Blues Hog's products and obtain access to its online content. Foreman alleges Blues Hog's website falls under the "place of public accommodation" and that the defendants are in violation of the ADA because it does not allow full and equal access to those with disabilities. 

Foreman seeks monetary and all other just relief. He is represented by Benjamin Sweet of Nye, Stirling, Hale & Miller LLP in Pittsburgh and Jonathan Miller of Nye, Stirling, Hale & Miller LLP in Santa Barbara. 

U.S. District Court for the Southern District of Illinois case number 3:21-CV-00706-JPG

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