Matthew Gomberg has filed a class action civil complaint against Philadelphia Dental, Inc., alleging violations of the Americans with Disabilities Act (ADA). The complaint was filed on May 31, 2024, in the United States District Court for the Eastern District of Pennsylvania.
Gomberg, a Pennsylvania resident and legally blind individual, claims that Philadelphia Dental's website is not accessible to visually impaired users. This alleged inaccessibility violates Title III of the ADA, which mandates equal access to public accommodations. The plaintiff argues that he and others similarly situated have been denied full and equal access to the services offered by Philadelphia Dental due to barriers on their website. These barriers include inaccurate heading hierarchies, ambiguous link texts, lack of alt-text on graphics, and inaccessible interactive elements such as calendars and forms.
The complaint highlights the importance of web accessibility for visually impaired individuals, especially in the post-pandemic era where online services have become increasingly vital. According to Gomberg, the failure of Philadelphia Dental to make its website accessible forces blind users to expend additional time and effort or rely on third parties for assistance. This not only deters them from visiting physical locations but also denies them equal enjoyment of goods and services.
Gomberg's lawsuit seeks a permanent injunction requiring Philadelphia Dental to make its website fully accessible. He requests that the court mandate changes in corporate policies, practices, and procedures to ensure ongoing compliance with ADA standards. Specifically, Gomberg calls for measures such as hiring a web accessibility consultant, conducting regular audits and user testing with visually impaired individuals, providing web accessibility training for employees involved in content development, and posting an accessibility policy on the website.
The plaintiff also seeks certification of a nationwide class comprising all legally blind individuals who have attempted to access Philadelphia Dental's website but were denied equal enjoyment of its goods and services. The lawsuit aims to secure both declaratory and injunctive relief to prevent future violations.
Representing Matthew Gomberg are attorneys David Glanzberg and Robert Tobia from Glanzberg Tobia Law, P.C., based in Philadelphia. The case is presided over by Judge Joshua D. Wolson under Case No.: 2:24-cv-02364.