A visually-impaired woman has taken legal action against a skincare company, accusing it of failing to make its website accessible to blind and visually-impaired users. The complaint was filed by Kalari Jackson Girtley in the United States District Court for the Northern District of Illinois on December 3, 2024, targeting Derma Made, LLC.
Kalari Jackson Girtley, who is legally blind and relies on screen-reading software to navigate online content, alleges that Derma Made's website is not designed or maintained in a way that allows her and others with similar disabilities to access its goods and services independently. This alleged inaccessibility violates the Americans with Disabilities Act (ADA), which mandates equal access to public accommodations for individuals with disabilities. According to the lawsuit, Girtley attempted multiple times, most recently on June 12, 2024, to purchase a skincare product from Derma Made's website but was unable due to barriers such as missing alt-text and improperly labeled interactive elements. "The law requires that the Defendant reasonably accommodate Plaintiff's disabilities by removing these existing access barriers," states the complaint.
Girtley's lawsuit highlights broader issues faced by millions of visually impaired individuals in accessing digital content. She cites statistics from a 2010 U.S. Census Bureau report indicating that approximately 8.1 million people in the United States are visually impaired, including 2 million who are blind. The case underscores the necessity for businesses to comply with established web accessibility guidelines like those from the World Wide Web Consortium (W3C) known as WCAG 2.1.
The plaintiff seeks a permanent injunction compelling Derma Made to adopt policies ensuring its website becomes fully accessible under WCAG 2.1 standards. This includes training employees on accessibility compliance and regular testing of user accessibility by blind or vision-impaired persons. Additionally, Girtley requests class certification for all legally blind individuals who have been denied equal enjoyment of goods and services offered through Derma Made's website during the relevant statutory period.
Represented by attorney Yaakov Saks from Stein Saks PLLC, Girtley demands not only injunctive relief but also nominal damages and coverage of legal costs. The case is presided over by judges at the Northern District of Illinois under Case No.: 1:24-cv-12397.