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MADISON - ST. CLAIR RECORD

Monday, May 20, 2024

Suit alleges Probar's digital platform not ADA compliant for legally blind individuals

Federal Court
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Sweet

EAST ST. LOUIS — A blind man has filed another disability suit alleging Probar's digital platform is not accessible to legally blind individuals. 

Eric Foreman filed a complaint Oct. 25 in the U.S. District Court for the Southern District of Illinois against Probar LLC, alleging violation of the Americans with Disabilities Act (ADA). Foreman has filed several similar lawsuits against various companies in federal court. 

Foreman, who is blind, alleges in his complaint that he attempted to access Probar's digital platform from his St. Clair County home and claims Probar did not build the platform in a way that is compatible with screen access programs. Specifically, Foreman alleges Probar's digital platform does not have "cart confirmation pop-up" that is announced so he could hear what items are added. He also alleges there are unlabeled elements where screen reader users just hear "link." Additionally, Foreman claims images for promotional codes are not announced to screen reader users, which denies him equal access to all of the services on Probar's digital platform in violation of the ADA. 

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, Calif. 

U.S. District Court for the Southern District of Illinois case number 3:21-CV-01336

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