In a significant legal filing, a visually impaired individual has taken a stand against a major outdoor clothing and footwear retailer for allegedly failing to make its digital properties accessible to those with visual disabilities. The complaint was filed by Teniya Booker in the United States District Court for the Northern District of Illinois on October 14, 2024, targeting Gellco Clothing and Shoes, Inc., also known as Gellco Outdoors.
The lawsuit accuses Gellco Outdoors of violating Title III of the Americans with Disabilities Act (ADA) by not ensuring that its digital platforms are accessible to legally blind individuals. According to the complaint, approximately 2.3 percent of the American population lives with some form of visual disability, highlighting the critical need for accessible digital content. Booker, who lost her vision at three years old due to a gunshot wound damaging her optic nerve, relies on screen reader technology to navigate online spaces. However, she claims that Gellco's website is not compatible with such technology, thereby denying her and others like her equal access to their products and services.
Booker attempted to purchase fishing rods from Gellco’s website but encountered numerous accessibility barriers that prevented her from completing the transaction. These included unlabeled elements and non-descriptive links that are crucial for navigation using screen readers. The complaint underscores that these barriers force visually impaired users to expend unnecessary effort or seek third-party assistance—challenges sighted users do not face.
In response to these alleged violations, Booker seeks a permanent injunction requiring Gellco Outdoors to overhaul its corporate policies regarding digital accessibility. She demands that the company retain a qualified consultant to improve web accessibility continuously and train employees on creating accessible content. Additionally, she requests regular audits and end-user testing by individuals who are blind or have low vision.
The lawsuit further seeks declaratory judgment affirming that Gellco was in violation of ADA requirements at the time of filing and demands prospective injunctive relief mandating compliance with ADA standards. Booker also asks for payment of costs associated with monitoring compliance, reasonable attorney fees, nominal damages, and any other relief deemed appropriate by the court.
Representing Teniya Booker are attorneys Benjamin J. Sweet and Jonathan D. Miller from Nye, Stirling, Hale, Miller & Sweet LLP. The case is identified as Civil Action No. 1:24-cv-10198 in front of the United States District Court for the Northern District of Illinois.