Bealls class action alleges website not accessible to visually impaired, blind users

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Bealls class action lawsuit overview:

• Who: Plaintiff Andrew Toro has filed a class action lawsuit against Beall’s Inc.
• Why: Bealls allegedly operates a website that is inaccessible to blind and visually-impaired customers.
• Where: The Bealls class action lawsuit was filed in New York federal court.

Bealls Inc. operates a website that is not accessible to blind and visually-impaired users in violation of the Americans with Disabilities Act (ADA) and New York human rights laws, according to a class action lawsuit filed Feb. 2 in New York federal court.

Plaintiff Andrew Toro says he is a legally blind person who requires screen-reading software to access website content on his computer. Screen-reading software works only if website content is capable of being rendered into text, the Bealls class action lawsuit says.

Toro says he visited Burkesoutlet.com, a Bealls website, but found that the site was difficult to navigate because he was unable to fully access website content with his screen-reading software. He says he had trouble reaching the checkout page to make a purchase.

Toro notes that numerous popular websites use readily-available technology to make website content accessible to blind and visually-impaired users. These websites utilize technology such as alternative texts, descriptive links, resizable text, accessible forms, the Bealls class action lawsuit explains.

“By failing to make the website accessible to blind persons, Defendant is violating basic equal access requirements under both state and federal law,” the Bealls class action lawsuit asserts.

Visually-impaired consumers can only make purchase from Bealls website with sighted person’s assistance, plaintiff says

Sighted customers can independently utilize the Bealls website to browse, select, and purchase items online without assistance from others, according to the Bealls class action lawsuit. This is not the case for blind and visually-impaired customers, who must rely on the assistance of a sighted person to help them make a purchase online, Toro argues.

Toro filed the Bealls class action lawsuit on behalf of himself and a proposed class defined as: “all legally blind individuals in the United States who have attempted to access Burkesoutlet.com and as a result have been denied access to the enjoyment of goods and services offered by Burkesoutlet.com, during the relevant statutory period.”

The Bealls class action lawsuit says that there were more than 8.1 million visually-impaired individuals in the United States, based on a 2010 U.S. Census Report.

Notre Dame College is also facing a website accessibility class action lawsuit alleging its website is inaccessible to blind and visually-impaired individuals.

Have you had trouble accessing a Bealls website? Tell us about your experience in the comments!

Toro is represented by Mars Khaimov of Mars Khaimov Law PLLC.

The Bealls website class action lawsuit is Andrew Toro v. Beall’s Inc., Case No. 1:23-cv-00867, in the U.S. District Court for the Southern District of New York.

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