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Visually-Impaired Plaintiff Sues Retailer Over Website Accessibility Violations

COOK COUNTY RECORD

Friday, January 31, 2025

Visually-Impaired Plaintiff Sues Retailer Over Website Accessibility Violations

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

Nicole Davis, a visually-impaired individual, has filed a class action lawsuit against Hats In The Belfry, Inc., alleging that the company's website is not accessible to blind and visually-impaired users. The complaint was filed on January 21, 2025, in the United States District Court for the Northern District of Illinois. Davis claims that the website's lack of accessibility violates her rights under the Americans with Disabilities Act (ADA).

Davis, who relies on screen-reading software to navigate websites, argues that Hats In The Belfry's site contains significant barriers that prevent her and others like her from accessing goods and services offered online. According to the complaint, these barriers include missing alternative text for images, inaccessible forms, and elements requiring mouse interaction rather than keyboard navigation. Davis attempted to purchase a hat from the website but was unable to complete the transaction due to these accessibility issues.

The lawsuit highlights how critical it is for websites to be accessible in today's digital age. With approximately 8.1 million visually impaired individuals in the U.S., including around 400,000 in Illinois alone, ensuring equal access to online platforms is not just a legal obligation but also a societal necessity. Davis contends that despite readily available technology and guidelines such as the Web Content Accessibility Guidelines (WCAG), Hats In The Belfry has failed to make its website accessible.

Davis seeks several remedies from the court: a permanent injunction requiring Hats In The Belfry to make its website fully accessible; compensatory damages for those affected by this alleged discrimination; and other relief deemed appropriate by the court. She emphasizes that without court intervention, she and others will continue facing discrimination when attempting to use Hats In The Belfry's online services.

Representing Nicole Davis is attorney Paul Camarena of Chicago. This case is presided over by judges in the Northern District of Illinois under Case No.: 1:25-cv-666.

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