Chick-Fil-A Class Action Claims Blind Customers Can’t Use Website

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A class action alleges that the website for the fast food chain Chick-Fil-A violates the American with Disabilities Act (ADA), because it excludes blind people from being able to use it.

“In the wave of technological advances in recent years, assistive computer technology is becoming an increasingly prominent part of everyday life, allowing blind people to fully and independently access a variety of services, including ordering chicken, sandwich and fruit for catering delivery,” the Chick-Fil-A class action states.

However, according to the complaint, “Chick-fil-a.com contains hundreds of access barriers that make it difficult if not impossible for blind customers to use the website.”

The Chick-Fil-A class action lawsuit states that more than 8 million people in the U.S. are visually impaired, and approximately 2 million of those people are legally blind.

The complaint goes on to argue that many of those blind people enjoy shopping online, and they are able to do so because most popular retail websites use technology to cater to the visually impaired, such as having invisible text describe images, making sure all forms can be completed using just a keyboard (and not a mouse), and by including headings on the website so they can be easily accessed.

Descriptive text can be read out loud by screen reader software to visually impaired users, so they can understand the images and other visual information on websites.

However, unlike other websites, the class action contends that Chick-Fil-A.com has numerous “access barriers” preventing blind people from using the site. Although there have been well-established guidelines for years to make websites more accessible to blind people, the complaint alleges that the Chick-Fil-A site uses none of those standard features.

The class action asserts that the website barriers to use by the blind “are pervasive and include, but are not limited to: lack of alt-text on graphics, inaccessible forms, the lack of adequate prompting and labeling; the denial of keyboard access; and the requirement that transactions be performed solely with a mouse.”

Plaintiff Mary West states that she has “no light perception and is completely blind.” West claims that she has tried “numerous times” to order catering off of the Chick-Fil-A website, including as recently as last month, but was unable to. West relies on screen reader software to access and interact with websites online, but asserts that she was unable to make a purchase on Chick-Fil-A.com.

The lawsuit requests certification of a Class of “all legally blind individuals in the United States who have attempted to access Chick-fil-a.com and as a result have been denied access to the enjoyment of goods and services offered in Chick-Fil-A Restaurants.”

The class action alleges violations of the federal ADA and New York state human rights laws. The complaint seeks compensatory and statutory damages of at least $500 per violation, as well as an injunction requiring the company to stop violating the American with Disabilities Act.

West is represented by C.K. Lee and Anne Seelig of the Lee Litigation Group PLLC.

The Chick-Fil-A Website ADA Violation Class Action Lawsuit is Mary West v. Chick-Fil-A Inc., Case No. 1:16-cv-09385, in the U.S. District Court for the Southern District of New York.