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Plaintiff alleges footwear retailer's website violates ADA

COOK COUNTY RECORD

Friday, January 24, 2025

Plaintiff alleges footwear retailer's website violates ADA

Federal Court
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U.S. District Court for the Western District of Pennsylvania | Official website

A visually-impaired individual has filed a class action lawsuit against a footwear company, alleging that its website is inaccessible to blind and visually-impaired users. Constance Henry, the plaintiff, lodged the complaint in the United States District Court for the Northern District of Illinois on January 17, 2025, targeting Olukai, LLC.

The case centers around allegations that Olukai's website, Olukai.com, is not designed to be accessible to individuals who are blind or visually impaired. According to the complaint, this lack of accessibility violates the Americans with Disabilities Act (ADA), which mandates equal access to goods and services provided by public accommodations. Henry claims that due to significant access barriers on the website, she and others similarly situated are unable to independently navigate or make purchases online. The complaint highlights issues such as inaccurate alt-text on images, improper heading hierarchy, and reliance on mouse navigation as key obstacles preventing screen-reader software from functioning effectively.

Henry attempted to purchase boots from Olukai.com but was thwarted by these accessibility barriers. She asserts that despite available technology that could make websites accessible—such as alternative text and keyboard navigability—Olukai has failed to implement these solutions. This oversight forces blind customers like her to rely on sighted assistance or shop at physical stores instead. The lawsuit argues that this exclusion from digital commerce constitutes discrimination under both state and federal law.

In seeking redress from the court, Henry demands a permanent injunction requiring Olukai to modify its website policies and practices so it becomes fully accessible to blind consumers. Additionally, she seeks compensatory damages for herself and other class members who have experienced discrimination due to these accessibility barriers. The complaint also requests nominal damages, attorney fees, and punitive damages as part of its relief package.

Representing Henry in this legal battle is attorney David Reyes from Asher Cohen Law PLLC. The case has been assigned Case No.: 1:25-cv-571 in front of judges at the United States District Court for the Northern District of Illinois.

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