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Visually-Impaired Plaintiff Sues Fashion Retailer Over Website Accessibility Violations

COOK COUNTY RECORD

Thursday, January 23, 2025

Visually-Impaired Plaintiff Sues Fashion Retailer Over Website Accessibility Violations

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

A visually-impaired individual has filed a class-action lawsuit against a fashion retailer, alleging that the company's website is inaccessible to blind and visually-impaired customers. Constance Henry, on behalf of herself and others similarly situated, lodged the complaint in the United States District Court for the Northern District of Illinois on January 10, 2025, accusing French West, Inc. of violating the Americans with Disabilities Act (ADA).

Constance Henry, who is legally blind and relies on screen-reading software to access online content, claims that French West's website, Halebob.com, is not designed to accommodate users with visual impairments. The lawsuit highlights significant barriers such as lack of alternative text for images, inadequate keyboard navigation options, and inaccessible forms that prevent visually-impaired individuals from completing transactions independently. According to Henry's complaint, these issues effectively exclude blind users from participating in the growing internet economy and accessing goods and services available to sighted customers.

The plaintiff argues that despite the availability of accessible technology and established guidelines like the Web Content Accessibility Guidelines (WCAG) 2.2, French West has failed to implement necessary modifications to its website. As a result, visually-impaired customers are denied equal access to the products offered by Halebob.com. The lawsuit emphasizes that this exclusion violates both state and federal laws aimed at eliminating discrimination against individuals with disabilities.

Henry seeks a permanent injunction requiring French West to modify its website policies and practices to ensure accessibility for blind consumers. Additionally, she demands compensatory damages for those affected by what she describes as unlawful discrimination. The complaint also calls for declaratory relief affirming that French West's current website operations discriminate against visually-impaired individuals under the ADA.

Representing Henry in this case is attorney David Reyes from Asher Cohen Law PLLC. The case has been assigned Case No.: 1:25-cv-280 in front of an unspecified judge in the Northern District of Illinois.

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