​​Duke’s Mayo Denies Access for Blind, Visually Impaired Consumers, Class Action Alleges

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Duke’s Mayo Website Class Action Lawsuit Overview: 

• Who: Sauer Brand’s is facing a class action lawsuit for its Duke’s Mayo website.
• What: The lead Plaintiff alleges the company violates the ADA by making the site inaccessible to visually impaired people.
• Where: The lawsuit is nationwide in the U.S.

Blind and visually impaired consumers can’t get their Duke’s Mayo fix online due to access barriers on the company’s website, a new class action lawsuit alleges.

The lawsuit was filed in New York on September 8 by lead plaintiff Pedro Martinez. Martinez, who is visually impaired and legally blind, alleges that Duke’s Mayo owner Sauer Brands has failed to design, construct, maintain, and operate their website to be fully accessible to and independently usable for blind or visually-impaired persons – violating those people’s civil rights.

“[Duke’s Mayor is denying blind and visually impaired persons throughout the United States with equal access to the goods and services Sauer provides to their non-disabled customers through Dukesmayo.com,” the claim reads.

Consumers Can’t Use Screen Readers On Duke’s Mayo Website

Martinez, who requires screen reading software to read website content using his computer, is an advocate for others with visual impairments and is a “tester” monitors, ensures, and determines whether places of public accommodation and their websites and apps are in compliance with the ADA, the lawsuit states.

Martinez says that he intended to buy Duke’s Real Mayonnaise and the Duke’s Mayonnaise Trucker’s Hat on the company’s website, but that access barriers made it impossible for blind and visually-impaired users to even complete a transaction on the website.

“Sauer excludes the blind and visually-impaired from the full and equal participation in the growing Internet economy that is increasingly a fundamental part of the common marketplace and daily living,” claims the Duke’s Mayo lawsuit.

“Dukesmayo.com provides to the public a wide array of the goods, services, price specials, employment opportunities and other programs offered by Sauer. Yet, Dukesmayo.com contains thousands of access barriers that make it difficult if not impossible for blind and visually impaired customers to use the website.”

Martinez adds that the blind have an even greater need than the sighted to shop and conduct transactions online due to the challenges faced in mobility, and that a “wave of technological advances” in recent years, assistive computer technology is becoming an increasingly prominent part of everyday life, allowing blind and visually-impaired persons to fully and independently access a variety of services.

“Despite readily available accessible technology, such as the technology in use at other heavily trafficked retail websites, which makes use of alternative text, accessible forms, descriptive links, resizable text and limits the usage of tables and JavaScript, Defendant has chosen to rely on an exclusively visual interface,” states the Duke’s Mayo class action.

“Sauer’s sighted customers can independently browse, select, and buy online without the assistance of others. However, blind persons must rely on sighted companions to assist them in accessing and purchasing on Dukesmayo.com.”

Martinez wants to represent all legally blind people in the United States who have attempted to use Dukesmayo.com. He is suing for violations of the ADA and New York State Human Rights Law. 

Duke’s Mayo is not the only product blind consumers have had trouble accessing on the internet. Earlier this month, a visually impaired woman lodged a class action lawsuit after being unable to purchase a car on the Jaguar Land Rover website due to access barriers. 

Have you ever faced access barriers to a store you wanted to shop at? Tell us your experience in the comments section!

Martinez is represented by Dan Shaked of Shaked Law Group, P.C.

The Duke’s Mayo ADA Class Action Lawsuit is Martinez v. Sauer Brands, Inc., Case No. 1:21-cv-05021-ENV-RML in the U.S. District Court Eastern District of New York.

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