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A New York City man who is legally blind has filed three class action lawsuits against two media organizations and a travel company, alleging the companies’ websites violate the Americans with Disabilities Act (ADA).
Jose Quezada filed the three class actions against The New York Times, CBS and Expedia Wednesday in the U.S. District Court Southern District of New York, alleging the companies failed to design, construct, maintain, and operate websites to be fully accessible to him and other blind or visually-impaired people.
Earlier this month Quezada said he visited nytimes.com, cbs.com and vrbo.com — an Expedia site — and found the websites weren’t accessible using a screen-reader, which “effectively barred” him from using the sites, according to the three lawsuits.
“Despite his efforts, however, Plaintiff was denied a user experience similar to that of a sighted individual due to the website’s lack of a variety of features and accommodations,” all three class actions state.
Quezada can’t use a computer without the assistance of screen-reading software, but like many other blind people he is a “proficient screen-reader user” and uses it to access the Internet, the lawsuits state.
The suit alleges the three websites lack alt.text, which is metadata that describes an image, and a proper label, title and other elements that allow visually-impaired people to navigate around a website and enter information with ease. He said the sites also have a number of broken links.
“For the visually impaired this is especially paralyzing due to the inability to navigate or otherwise determine where one is on the website once a broken link is encountered,” the lawsuits contend.
Approximately 8.1 million people in the United States are visually impaired, according to 2010 census data, including 2 million who are blind.
Screen-reading software allows blind people to access websites using keyboards in conjunction with software that vocalizes visual website information or displays the content on a refreshable Braille display. However, unless websites are designed to be read by screen-reading software, blind and visually-impaired people are unable to fully access websites.
Quezada states the three defendants invested “substantial sums” in developing and maintaining websites, and that the websites generate significant revenue from them. “These amounts are far greater than the associated cost of making their website equally accessible to visually impaired customers.”
Quezada is suing the companies on behalf of all legally blind people in the United States who have tried to access the companies’ websites under the ADA clause that “no individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.”
He is also suing the companies under the NYC Human Rights Law, arguing that the websites are places of “public accommodation” under both laws.
The class actions are seeking an injunction that would force the three companies to bring each website into full compliance with the ADA, so they are equally accessible to blind and visually impaired people. Quezada is also seeking certification of the class actions, a trial by jury and compensation for himself and other Class Members for violations of their civil rights.
What do you think of this proposed class action lawsuit claiming violations of the Americans with Disabilities Act? Have you or someone you know been prevented from using a website due to accessibility issues? Let us know in the comments below.
The plaintiffs are represented by Mars Khaimov, Esq. of Mars Khaimov Law, PLLC.
The Expedia ADA Class Action Lawsuit is Jose Quezada et al. v. Expedia Inc., Case No. 1:21-cv-01405, in the U.S. District Court Southern District of New York
The New York Times ADA Class Action Lawsuit is Jose Quezada et al. v. The New York Times Company., Case No. 1:21-cv-01406, in the U.S. District Court Southern District of New York
The CBS ADA Class Action Lawsuit is Jose Quezada et al. v. CBS Interactive, Case No. 1:21-cv-01413, in the U.S. District Court Southern District of New York
Read About More Class Action Lawsuits & Class Action Settlements:
2 thoughts onNew York Times, CBS, Expedia Face Alleged ADA Violations in Class Actions
I use or try to use these websites.
Cbs. Expedia and new york times.
I am leagally blind.
Its so hard to even read the page and its so hard to magnify. The sites will not let u do this!
Please add me