A visually-impaired individual has taken legal action against a prominent online retailer, alleging discrimination due to the inaccessibility of its website. Andre Battle filed a class-action complaint on November 11, 2024, in the United States District Court for the Northern District of Illinois against Hawes & Curtis (North America), Inc., claiming that their website is not accessible to blind and visually-impaired users, thereby violating the Americans with Disabilities Act (ADA).
Andre Battle, who is legally blind and relies on screen-reading software to navigate websites, contends that Hawes & Curtis' website, hawesandcurtis.com, presents significant access barriers that prevent him and others with similar disabilities from fully accessing the site’s features. The complaint highlights several specific issues such as missing alternative text for images, inaccessible drop-down menus, and forms that cannot be completed using only a keyboard. Battle asserts that these barriers deny him equal access to goods and services offered by Hawes & Curtis both online and at their physical locations.
The lawsuit argues that despite available technology to make websites accessible—such as alternative text for images and keyboard navigability—Hawes & Curtis has failed to implement these measures. This oversight forces blind users like Battle to rely on sighted individuals for assistance when shopping online, which he claims is discriminatory under both state and federal law. The plaintiff seeks a permanent injunction requiring Hawes & Curtis to modify their website policies and practices to ensure accessibility for all users. Additionally, Battle requests compensatory damages for himself and other class members who have faced similar discrimination.
The case underscores the broader issue of web accessibility in an increasingly digital world where e-commerce plays a vital role in daily life. According to the complaint, there are approximately 8.1 million visually impaired individuals in the United States who could potentially face similar challenges if businesses do not adhere to established web accessibility guidelines like those outlined by the World Wide Web Consortium (W3C).
Representing Andre Battle is attorney Uri Horowitz from Flushing, New York. The case is presided over by judges from the Northern District of Illinois under Case No.: 1:24-cv-11590.