True Religion Class Action Lawsuit Says Website Violates ADA

True Religion Apparel Inc. has been hit with a class action lawsuit alleging its website is inaccessible to blind individuals in violation of the Americans with Disabilities Act (ADA).

Plaintiff Andres Gomez, who is legally blind, filed the True Religion class action lawsuit to “stop the marginalization of blind, vision impaired and low vision patrons” of True Religion’s website. Gomez claims that www.truereligion.com is operated in such a manner that prevents visually-impaired individuals from being able to use it.

Gomez alleges that the True Religion website is a sales establishment that qualifies as a public accommodation under the ADA. Therefore, www.truereligion.com is governed by the ADA, which prohibits discrimination against individuals with disabilities.

“For many individuals with disabilities who are limited in their ability to travel outside their home, the internet is one of the few available means of access to the goods and services in our society,” the True Religion class action lawsuit states. “The broad mandate of the ADA to provide an equal opportunity for individuals with disabilities to participate in and benefit from all aspects of American civic and economic life. That mandate extends to internet websites, such as the Defendant’s website.”

According to the True Religion class action lawsuit, Gomez was interested in using www.truereligion.com to shop for True Religion merchandise such as jeans, pants, shirts, jackets, active wear and accessories. He claims he uses commercially-available screen reader software to interface with various websites.

Even though Gomez uses JAWS Screen Reader software, which the True Religion class action lawsuit describes as the “most popular screen reader software utilized worldwide,” he was unable to interface with the True Religion website. Further, he claims there was no functionality within the website that would allow visually-impaired users to use the website.

Gomez says that he still wants to access the True Religion website but is unable to do so because it “does not offer an adequate system to permit a disabled person with a visual impairment (who requires screen reader software) to comprehend its website in an effective manner,” according to the class action lawsuit.

By filing the ADA class action lawsuit, Gomez seeks an injunction ordering True Religion to implement modifications and remove barriers to ensure that people with disabilities are able to access www.truereligion.com. He also wants True Religion to implement a web accessibility policy on the company’s website that includes a statement about True Religion’s policy of ensuring people with disabilities have equal enjoyment of the services, privileges, accommodations, facilities and advantages provided by the website.

Gomez is represented by Scott R. Dinin PA.

The True Religion ADA Class Action Lawsuit is Andres Gomez v. True Religion Apparel Inc., Case No. 1:16-cv-21940, in the U.S. District Court for the Southern District of Florida, Miami Division.