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COOK COUNTY RECORD

Thursday, November 21, 2024

Plaintiff Alleges Online Retailer Violates ADA Due To Inaccessible Website

Federal Court
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Dirksen Federal Courthouse, Chicago | Jonathan Bilyk

Andre Battle, a visually-impaired individual, has filed a class action lawsuit against Presidio Brands, Inc., the company operating under the name Every Man Jack. The complaint was lodged in the United States District Court for the Northern District of Illinois on October 11, 2024. Battle alleges that Presidio Brands has failed to make its website accessible to blind and visually-impaired users, thus violating the Americans with Disabilities Act (ADA).

According to the complaint, Andre Battle requires screen-reading software to access online content due to his visual impairment. He claims that Everymanjack.com is not designed or maintained in a way that allows him and others with similar disabilities to use it independently. This lack of accessibility denies them equal access to goods and services available on the site, which include personal care products like shampoos and lotions. The plaintiff highlights that despite available technology for making websites accessible—such as alternative text for images and keyboard navigability—Presidio Brands has not implemented these measures.

Battle attempted to purchase a personal care set from Everymanjack.com but encountered numerous barriers. These included inaccessible drop-down menus, incorrect alt-text on images, and navigation issues that made it impossible for him to complete his transaction without assistance. He argues that this exclusion from digital commerce violates both state and federal laws designed to protect individuals with disabilities.

The lawsuit seeks several forms of relief from the court. Battle is asking for a permanent injunction requiring Presidio Brands to modify its website policies and practices so they comply with ADA standards. Additionally, he seeks compensatory damages for himself and other class members who have faced similar discrimination. The complaint also requests nominal damages, attorney fees, and any other relief deemed appropriate by the court.

Representing Andre Battle is attorney Uri Horowitz from Flushing, New York. The case has been assigned Case No. 1:24-cv-09958 in front of judges at the Northern District of Illinois court.

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