Petland Class Action Says Website Needs ADA Compliant Update

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A legally blind man says that Petland’s website is inaccessible to those with visual impairments in a new class action lawsuit alleging that the company is in violation of the Americans with Disabilities Act (ADA).

The New York resident alleges in the Petland class action that despite the availability of technology that makes the internet accessible to those with visual impairments, the company has failed to implement software that would allow him and others to access their website.

“In today’s tech-savvy world, blind and visually-impaired people have the ability to access websites using keyboards in conjunction with screen access software that vocalizes the visual information found on a computer screen or displays the content on a refreshable Braille display,” points out the Petland class action lawsuit.

The internet is a “significant source of information,” as well as an important way to do business, research purchases, and shop.

According to the Petland website class action, those with visual impairments or who are considered legally blind can access those resources using screen reading software. The most popular screen reading software is called JAWS, or Job Access With Speech.

However, alleges the Petland class action, for JAWS and other programs to function, the provider of the website must ensure that the information can be converted into text.

Petland fails to render the information on its website to text, making it inaccessible to the plaintiff and other visually impaired consumers, the Petland ADA class action claims.

“Defendant offers the commercial website, www.petland.com, to the public,” states the Petland class action lawsuit. “The website offers features which should allow all consumers to access the goods and services which Defendant offers in connection with their physical locations.”

Plaintiff Edwin Diaz says that he encountered numerous barriers when he tried to access Petland’s website. These barriers included lack of alternative text, empty links, redundant links, and linked images missing alternative text, according to the Petland website class action lawsuit.

The plaintiff alleges that this inaccessibility has even affected his ability to visit physical Petland locations.

“These access barriers on Defendant’s Website have deterred Plaintiff from visiting Defendant’s physical locations and enjoying them equal to sighted individuals because: Plaintiff was unable to find the location and hours of operation of Defendant’s physical stores on its Website and other important information,” alleges the Petland class action lawsuit.

According to the Petland website class action lawsuit, there are widely available international standards the company could have applied to its website to ensure it was accessible to those with visual impairments. The World Wide Web Consortium has published not only one, but two accessibility guidelines.

“These guidelines are universally followed by most large business entities and government agencies to ensure their websites are accessible,” alleges the Petland ADA class action lawsuit.

The Petland class action lawsuit seeks to represent both a nationwide and a New York Class of legally blind individuals for alleged violations of the ADA and New York state law.

The plaintiff is seeking a court order requiring Petland to make its website accessible to those with visual impairments, along with compensatory and statutory damages.

Diaz is represented by Joseph H. Mizrahi of Cohen & Mizrahi LLP, and Jeffrey M. Gottlieb and Dana L. Gottlieb of Gottlieb & Associates.

The Petland Website ADA Class Action Lawsuit is Diaz v. Petland Inc., Case No. 1:18-cv-07906-JGK, in the U.S. District Court for the Southern District of New York.