Urban Outfitters Class Action Alleges ADA Violations

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A proposed class action lawsuit has been filed against Urban Outfitters Inc. alleging the trendy retail store’s website does not allow consumers with disabilities full access.

Plaintiff Andres Gomez filed the proposed class action lawsuit on behalf of himself and others similarly situated in Florida federal court.

He claims that Urban Outfitters “has operated its business in a manner and way that completely excludes individuals with disabilities who are visually impaired from enjoying and visiting their place of public accommodation, namely the Defendant’s website www.urbanoutfitters.com.”

Gomez says his civil rights have been violated by Urban Outfitters’ failure to accommodate users who are blind and visually impaired as they attempt to navigate the clothing store’s website.

The proposed class-action lawsuit brings forth a single count against Urban Outfitters for violating the Americans with Disabilities Act. The court documents state, “the Defendant has denied individuals with disabilities who are visually impaired full and equal enjoyment of the information and services that the Defendant has made available to the general public on its website www.urban outfitters.com.”

The claim states that Urban Outfitters’ website contains programming errors which can easily be identified and corrected, called Programming Error Types, or “PETs” as well as other errors that cause the website to be prone to inaccessibility, called Programming Alert Error Types, or “PATs.”

Gomez says he tried to use the Urban Outfitters website with the intent of browsing through the merchandise to ultimately make a purchase. Gomez claims he attempted to use his JAWS Screen Reader software that assists him in accessing various websites on the Internet.

“However, the Defendant’s website did not integrate with Plaintiff’s screen reader software, nor was there any function within Defendant’s website to permit access for visually impaired through other means,” the court documents read.

The plaintiff claims that Urban Outfitters “failed to provide any mechanism by which to adequately serve visually impaired individuals.” He goes on to state that he and others “will continue to suffer irreparable injury from Defendant’s intentional acts, policies, and practices set forth herein unless enjoined by the court.”

The plaintiff, on behalf of himself and proposed Class Members, is seeking declaratory judgment stating that Urban Outfitters has violated his rights guaranteed by the ADA, an injunction prohibiting the company from further operating its website without accommodations for visually impaired users, a court order for the company to update its website to be in compliance with ADA regulations and to display the universal disabled logo within its website.

Gomez is also seeking relief in the form of the provision of ongoing support for web accessibility, a court order directing the company to evaluate policies and procedures related to accessibility for disabled persons as well as attorneys’ fees and costs, compensatory damages and other relief as deemed appropriate by the court.

Gomez has filed similar proposed class action lawsuits against New Balance, Perry Ellis, True Religion, Panera and Hugo Boss in an attempt to gain equal access and full use of these company websites for individuals with disabilities.

The plaintiff is represented by Scott R. Dinin P.A.

The Urban Outfitters Website ADA Class Action Lawsuit is Andres Gomez v. Urban Outfitters Inc., Case No. 1:16-cv-22141, in the U.S. District Court for the Southern District of Florida.