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Five Guys Enterprises LLC has been hit with a class action lawsuit alleging the hamburger chain’s website does not comply with the Americans with Disabilities Act, making it impossible for blind users to complete a transaction online.
Plaintiff Lucia Marett, who is blind, filed this class action lawsuit, claiming the FiveGuys.com website provides information about the goods, services and programs offered by Five Guys, as well as testimonials praising the company.
“Yet, Fiveguys.com contains thousands of access barriers that make it difficult if not impossible for blind customers to use the website,” the Five Guys class action lawsuit asserts. “In fact, the access barriers make it impossible for blind users to even complete a transaction on the website.”
“Five Guys thus excludes the blind from the full and equal participation in the growing Internet economy that is increasingly a fundamental part of the common marketplace and daily living,” Marett complains in the Five Guys class action lawsuit.
Marett says she visited the Five Guys website intending to purchase a cheeseburger with toppings. However, she found that she was unable to independently navigate the website and complete a transaction. According to the Five Guys class action, she intends to make future purchases using the Five Guys website once the access barriers are removed.
In recent years, assistive computer technology has been developed to help blind people independently access a variety of services online, such as ordering food online for in-store pickup.
Even though this assistive technology is widely available, and is used by many other heavily trafficked websites, Five Guys has reportedly elected to use an exclusively visual interface that bars blind users from using the website without the assistance of a sighted person.
According to the Five Guys class action lawsuit, the company’s failure to use technology that makes the website accessible to blind consumers is a violation of the Americans with Disabilities Act, which prohibits discrimination against individuals with disabilities.
Under the ADA, discrimination includes barriers to independent living and equal opportunity for individuals with disabilities, including barriers created by websites. The Five Guys class action lawsuit also points to New York state law that requires places of public make reasonable accommodations for persons with disabilities to access goods, services and facilities.
Marett seeks to represent a nationwide Class of “all legally blind individuals in the United States who have attempted to access Fiveguys.com and as a result have been denied access to the enjoyment of goods and services offered in Five Guys locations,” as well as a subclass of blind New York consumers who were unable to independently use the Five Guys website.
The Five Guys class action lawsuit asserts violations of the ADA, New York State Human Rights Law, New York State Civil Rights Law, New York City Human Rights Law, and asserts a claim for declaratory relief.
Marett is represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC.
The Five Guys Website Accessibility Class Action Lawsuit is Lucia Marett v. Five Guys Enterprises LLC, Case No. 1:17-cv-00788, in the U.S. District Court for the Southern District of New York.
UPDATE: On April 7, 2017, Five Guys filed a motion to dismiss the disability discrimination class action lawsuit accusing the company of running an inaccessible website arguing that the requirements of the ADA apply only to physical facilities and not to websites.
UPDATE 2: On July 21, 2017, a federal judge tossed Five Guy’s motion to dismiss. Five Guys attempted to end the class action by arguing that the ADA does not cover websites but in the court order, the judge explained that Five Guy’s website is in fact covered by the ADA.
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13 thoughts onFive Guys Class Action Says Website Not Accessible to Blind Users
If you google this woman’s name, she has tons of lawsuits filed. Just filed another one against Sephora. Doesn’t give her much credibility.
Actually its not about accessibility but the monetary settlements she’s after as her suit states that she wants compensation for her lawyer fees, damages etc. She also filed a lawsuit 2/17/17 against 5 Guys and not being able to order a burger online. She’s found a loophole in the law and is using it for personal gain. Google all the websites and its a goldmine money making business for her in settlements. There was an attorney in Walnut Creek, CA who filed ADA accessibility lawsuits against small businesses in neighboring cities and counties. His primary targets were small business owners located in strip malls that lacked automatic doors etc. for wheelchair users or lack of handicapped parking. He never visited these businesses or used their services and had his staff do the legwork for his lawsuits. It was about approaching the small business owners and eventually settlements. If they didn’t settle for a proposed amount he would sue and take them to court. Most of these businesses were local mom and pop businesses who could not withstand a long term lawsuit and would settle out of court for $2000-$5000. Eventually this extortion practice in the guise of the ADA law stopped when his 3 staffers sued him for sexual harassment, unfair labor practices and forcing them to lie and make these fraudulent ADA claims etc. Small business owners could not comply to alter their entry doors as they were not the building owners and this attorney knew this but filed just the same as he was representing himself in a class action suit and had nothing to lose and everything to gain. Sounds like Lucia Marett has found her ADA niche.
This is really interesting and could be a landmark case if they win. Are virtual extensions of the business subject to the same regulations as physical ones? I could see the court deciding the ADA doesn’t apply here because it’s intended for physical access.
Try to have a logical thought and/or argument about why this lawsuit should be thrown out instead of just getting angry and saying ignorant bullshit.
This is when lawsuits go beyond what they should. This is why we have people trying to make it so we can’t sue for ANYTHING because of stupidity like this.
Please up on The subject before you post about the rights of those with disabilities
Read the law before you react certain you will an equal example to what blind people are confronted witb
the obama generation in action…..
If you press Ctrl + it will enlarge the 5 guys website along withmost other websites.
Don’t be stupid.
well, US is definitely a lawful country. no matter how stupid it is
This is just truly disgusting seriously
Is this real?!?! No wonder people aren’t opening their own businesses any more!