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COOK COUNTY RECORD

Thursday, October 17, 2024

Plaintiff Alleges Skincare Company Website Violates ADA Due To Inaccessibility

Federal Court

A visually-impaired individual has filed a lawsuit against a skincare company, alleging that the company's website is inaccessible to blind and visually-impaired users. Andre Battle filed the complaint in the United States District Court for the Northern District of Illinois on September 30, 2024, targeting Oars and Alps, LLC.

The plaintiff, Andre Battle, who is legally blind and requires screen-reading software to access web content, claims that Oars + Alps' website, oarsandalps.com, is not designed to be accessible to individuals with visual impairments. According to Battle's complaint, this lack of accessibility constitutes a violation of the Americans with Disabilities Act (ADA), which mandates equal access to public accommodations for individuals with disabilities. The complaint highlights that approximately 8.1 million people in the United States are visually impaired and are being denied equal access to goods and services offered by Oars + Alps through its website.

Battle asserts that despite existing technologies that could make websites accessible—such as alternative text for images and keyboard navigability—Oars + Alps has failed to implement these features on its site. As a result, blind users like Battle are unable to independently browse or complete transactions on oarsandalps.com. The lawsuit describes specific barriers encountered by Battle while attempting to purchase shampoo from the site: issues such as unclear link texts, inaccessible drop-down menus, and interactive elements requiring mouse use rather than keyboard navigation.

The plaintiff seeks a permanent injunction compelling Oars + Alps to modify its website policies and practices so it becomes accessible to blind consumers. Additionally, Battle is pursuing compensatory damages for what he describes as unlawful discrimination under both federal and state laws. The lawsuit emphasizes that making these changes would not fundamentally alter the nature of Oars + Alps' business nor impose an undue burden on the company.

Representing Andre Battle in this case is attorney Uri Horowitz from Flushing, NY. The case has been assigned Case ID 1:24-cv-09188 in front of judges from the Northern District of Illinois.

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