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COOK COUNTY RECORD

Thursday, November 21, 2024

Visually-Impaired Plaintiff Sues Online Jewelry Retailer Over Website Accessibility

Federal Court
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A visually-impaired woman has filed a class action lawsuit against an online jewelry retailer for allegedly failing to make its website accessible to blind and visually impaired users. The complaint, filed by Kalari Jackson Girtley in the United States District Court for the Northern District of Illinois on September 2, 2024, accuses Angara, Inc. of violating the Americans with Disabilities Act (ADA).

Kalari Jackson Girtley, who is legally blind and relies on screen-reading software to navigate websites, claims that Angara's website is not designed or maintained in a way that allows her and others with similar disabilities to access its content independently. According to the complaint, Girtley attempted multiple times, most recently on June 5, 2024, to purchase Prong-Set Round Diamond Hoop Earrings from Angara's website but was thwarted by various accessibility barriers.

The lawsuit details how Angara's website fails to meet established web accessibility standards known as WCAG 2.1 guidelines. These guidelines are widely recognized as essential for making digital content accessible to people with disabilities. The barriers encountered by Girtley include missing alt-text for images, hidden elements on web pages, unannounced pop-ups, unclear labels for interactive elements, and broken links—all of which hinder her ability to navigate and use the site effectively.

Girtley's legal team argues that these failures constitute a violation of Title III of the ADA, which mandates that public accommodations—including websites—must be accessible to individuals with disabilities. The plaintiff seeks a permanent injunction requiring Angara to hire a qualified consultant to ensure its website complies with WCAG 2.1 guidelines. This would involve training employees on accessibility compliance, regularly testing user accessibility by blind or vision-impaired persons, and developing an accessibility policy clearly disclosed on the website.

The lawsuit also requests nominal damages and demands that Angara cover pre- and post-judgment interest along with reasonable attorneys' fees and costs associated with bringing the action. Furthermore, Girtley seeks class certification under Federal Rule of Civil Procedure 23(a) and (b)(2), representing all legally blind individuals in the United States who have been denied equal access to Angara’s online goods and services.

Representing Girtley is Yaakov Saks from Stein Saks PLLC based in Hackensack, New Jersey. The case has been assigned Case No.: 1:24-cv-7955 in front of judges yet unnamed at this stage.

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