A legally blind individual has filed a lawsuit against a major retail company, alleging that its website is not accessible to visually impaired users. Blair Douglass filed the complaint in the United States District Court for the Western District of Pennsylvania on June 7, 2024, against Ariat International, Inc.
Douglass, who relies on screen reader auxiliary aids to navigate websites due to his blindness, claims that Ariat's website is not compatible with these aids. This incompatibility denies him full and equal access to the goods and services offered by Ariat at its physical facilities. The lawsuit highlights several specific issues where the website fails to provide necessary alternative text or audio descriptions for visual cues that sighted users can easily perceive. For instance, Douglass points out that when browsing product sizes, unavailable options are indicated visually with dimmed and strikethrough fonts but lack verbal communication for screen reader users. Similarly, selected items are highlighted visually without any corresponding audio description, making it difficult for Douglass to confirm his selections before proceeding to checkout.
The complaint also details how Douglass attempted to resolve these issues by contacting Ariat through their provided email address multiple times in 2023 but received no substantive response beyond an automated reply. This lack of engagement prompted Douglass to revisit the website in June 2024, only to find that the accessibility barriers remained unaddressed.
Douglass argues that these failures violate Title III of the Americans with Disabilities Act (ADA), which mandates that public accommodations must ensure full and equal enjoyment of their goods and services for individuals with disabilities. He asserts that Ariat's ongoing non-compliance with ADA standards has caused him significant frustration and humiliation.
In seeking relief from the court, Douglass requests a declaratory judgment stating that Ariat is in violation of Title III of the ADA. He also seeks a permanent injunction requiring Ariat to take comprehensive steps towards making its website fully accessible within specified timeframes. These steps include appointing an Accessibility Consultant knowledgeable about digital accessibility standards, developing an accessibility strategy conforming with Web Content Accessibility Guidelines (WCAG) 2.1 A/AA, training customer service personnel on assisting individuals with disabilities, and conducting regular accessibility audits and end-user testing.
The case is being handled by attorneys Kevin W. Tucker, Kevin J. Abramowicz, Chandler Steiger, and Stephanie Moore from East End Trial Group LLC. The presiding judge is yet to be determined under Case ID 2:24-cv-00833-AJS.