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Plaintiff alleges major retailer's website violates ADA due to inaccessibility

COOK COUNTY RECORD

Monday, February 24, 2025

Plaintiff alleges major retailer's website violates ADA due to inaccessibility

Federal Court
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U.S. District Court for the Northern District of Illinois | Official website

A visually-impaired woman has filed a class-action lawsuit against a major retail company, alleging its website is inaccessible to blind users, thus violating the Americans with Disabilities Act (ADA). Constance Henry initiated the complaint on January 6, 2025, in the United States District Court for the Northern District of Illinois against Russi USA, Inc., claiming their website, Sherpani.com, is not designed to accommodate screen-reading software used by visually impaired individuals.

Constance Henry, a resident of Will County, Illinois, who is legally blind and relies on screen-reading software to navigate websites, claims that Russi USA's website presents significant access barriers. These barriers prevent her and others similarly situated from independently browsing or purchasing products online. The lawsuit alleges that these barriers include inaccurate landmark structures, lack of alternative text for images, and the requirement of mouse usage for transactions—features that make it impossible for blind users to access content and complete purchases without assistance. "Sherpani.com contains significant access barriers that make it difficult if not impossible for blind and visually-impaired customers to use," states the complaint.

The plaintiff argues that this inaccessibility denies visually impaired consumers equal access to goods and services provided by Russi USA both online and at physical locations. This exclusion violates Title III of the ADA which mandates full and equal enjoyment of public accommodations for individuals with disabilities. Despite available technology that could make Sherpani.com accessible through features like alternative text and keyboard navigability, Russi USA allegedly chose an exclusively visual interface.

Henry seeks a permanent injunction requiring Russi USA to modify its policies and practices so Sherpani.com becomes accessible to visually impaired consumers. She also demands compensatory damages for unlawful discrimination experienced by herself and other class members. The case underscores broader issues regarding web accessibility as digital platforms become increasingly integral to everyday life.

The lawsuit names David Reyes from Asher Cohen Law PLLC as Henry's attorney. The case was filed under Case No.: 1:25-cv-93 in front of judges yet unnamed in this document.

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