Hy-Vee class action claims website inaccessible to blind, visually impaired users

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Hy-Vee class action overview: 

• Who: A legally blind woman sued Hy-Vee.
• Why: The plaintiff says the company’s website is not accessible to visually impaired people using a screen reader in violation of the Americans With Disabilities Act. 
• Where: The class action was filed in a New York federal court.

Retailer Hy-Vee’s website is not accessible to legally blind people who use a screen reader in violation of the law, a new class action lawsuit alleges.

Plaintiff Jasmine Toro filed the class action complaint against Hy-Vee, Inc. Aug. 24 in a New York federal court, alleging violations of the Americans With Disabilities Act (ADA).

Toro is a visually impaired and legally blind person who requires screen-reading software to read website content using her computer, she says.

According to the lawsuit, Hy-Vee has failed to design its website, shop.hy-veedeals.com, to be fully accessible to blind or visually impaired users. 

“Defendant is denying blind and visually impaired persons throughout the United States with equal access to the goods and services Hy-Vee provides to their non-disabled customers,” the Hy-Vee class action says.

Hy-Vee class action alleges website contains multiple ADA barriers

The Hy-Vee website contains significant access barriers that make it difficult if not impossible for blind and visually impaired customers to use the website, Toro says.

“In fact, the access barriers make it impossible for blind and visually-impaired users to even complete a transaction on the website,” the Hy-Vee class action states.

The barriers are pervasive and include inaccurate heading hierarchy, inadequate focus order, ambiguous link texts, inaccessible contact information, changing of content without advance warning, lack of alt text on graphics, the denial of keyboard access for some interactive elements and the requirement that transactions be performed solely with a mouse, according to the lawsuit.

Toro says she made numerous attempts to complete a purchase on the website, most recently on Aug. 14, but was unable to do so because of the many access barriers.

She looks to represent all legally blind individuals in the United States who have attempted to access shop.hy-veedeals.com and have not been able to use it plus a New York subclass. She also seeks certification of the class action, an injunction forcing the company to make its website compatible with screen readers, damages, fees, costs and a jury trial.

Meanwhile, a similar class action lawsuit alleges retailer Lisa Frank’s website is not accessible to legally blind people who use a screen reader.

The lawsuit follows a number of complaints claiming ADA violations filed recently against companies such as Whole Foods, HelloFresh, Dell and Mrs. Fields, among others. 

What do you think of the allegations in the Hy-Vee class action lawsuit? Let us know your thoughts in the comments! 

The plaintiff is represented by Mars Khaimov of Mars Khaimov Law, PLLC.

The Hy-Vee class action lawsuit is Jasmine Toro v. Hy-Vee, Inc., Case No. 1:22-cv-07228, in the U.S. District Court for the Southern District of New York. 

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