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COOK COUNTY RECORD

Wednesday, September 18, 2024

Visually-Impaired Individual Sues Clothing Brand Over Website Accessibility

Federal Court
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A visually-impaired individual has filed a class action lawsuit against a major clothing brand, alleging that its website is inaccessible to blind users. Andre Battle lodged the complaint in the United States District Court for the Northern District of Illinois on September 5, 2024, targeting Kontoor Brands, Inc.

Andre Battle, who is legally blind and requires screen-reading software to navigate websites, claims that Kontoor Brands' website, Wrangler.com, fails to meet accessibility standards mandated by the Americans with Disabilities Act (ADA). According to Battle's complaint, the website's design prevents blind and visually-impaired individuals from accessing goods and services offered online. The plaintiff cites several barriers such as lack of alternative text for images, improper heading structures, and interactive elements that cannot be navigated using a keyboard.

The lawsuit highlights that approximately 8.1 million people in the United States are visually impaired based on a 2010 U.S. Census Bureau report. Battle contends that these individuals face significant challenges when attempting to shop online due to inaccessible websites like Wrangler.com. He emphasizes that while assistive technologies exist to make websites accessible—such as alternative text for images and keyboard-navigable interfaces—Kontoor Brands has not implemented these features on their site.

Battle recounts his own experience trying to purchase shorts from Wrangler.com on July 17, 2024. Despite multiple attempts using screen-reading software called JAWS, he was unable to complete his purchase due to various accessibility issues including disorienting pop-up windows and improperly labeled interactive elements. "Plaintiff was disoriented when the automatic pop-up window appeared on the web page," states the complaint.

The plaintiff argues that Kontoor Brands' failure to make its website accessible constitutes discrimination under Title III of the ADA. This section prohibits public accommodations from denying individuals with disabilities equal access to goods and services. Battle seeks a permanent injunction requiring Kontoor Brands to modify its website so it complies with ADA standards and becomes fully accessible to blind users. Additionally, he requests compensatory damages for himself and other class members who have faced similar discrimination.

Battle's legal team includes attorney Uri Horowitz from Flushing, NY. The case has been assigned Case No. 1:24-cv-8069 in front of an unnamed judge at this stage.

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