In a groundbreaking legal battle that highlights the ongoing struggle for digital accessibility, a visually-impaired woman has taken a stand against a major corporation. Constance Henry filed a class action complaint in the United States District Court for the Northern District of Illinois on March 25, 2025, against Gosh Enterprises, Inc., alleging that the company's website is inaccessible to blind and visually-impaired individuals, thereby violating their rights under the Americans with Disabilities Act (ADA).
The lawsuit was initiated by Constance Henry, who is legally blind and relies on screen-reading software to access web content. She claims that Gosh Enterprises' website, Bibibop.com, is not designed to be accessible to individuals like her who are visually impaired. The complaint argues that this lack of accessibility denies them equal access to the goods and services offered by Gosh Enterprises both online and at its physical locations. According to Henry's complaint, "Defendant’s denial of full and equal access to its website...is a violation of Plaintiff’s rights under the Americans with Disabilities Act." The ADA mandates that public accommodations must be accessible to individuals with disabilities.
Henry's complaint outlines several specific barriers she encountered while attempting to use Bibibop.com. These include ambiguous link texts, unclear labels for interactive elements, inadequate labeling of form fields, and the requirement for mouse-only navigation—features that render the site unusable for those relying on keyboard navigation or screen readers. Despite these challenges being addressable through established guidelines such as the Web Content Accessibility Guidelines (WCAG) 2.2, Gosh Enterprises has allegedly failed to implement necessary changes.
The plaintiff seeks not only compensatory damages but also demands a permanent injunction requiring Gosh Enterprises to modify its website policies and practices to ensure compliance with ADA standards. This would involve making Bibibop.com fully accessible to blind and visually-impaired consumers across the United States. The lawsuit emphasizes that without court intervention, Henry and others in similar situations will continue facing discrimination in accessing digital services.
Represented by Equal Access Law Group PLLC and attorney David B. Reyes, Constance Henry's case underscores a critical issue faced by millions of Americans who are visually impaired. As technology becomes an integral part of daily life, ensuring equal access remains paramount. The case has been assigned Case No.: 1:25-cv-3145 in front of judges yet unnamed.