Jo-Ann Class Action Challenges Website’s ADA Compliance

A class action filed against craft and hobby store chain Jo-Ann Stores LLC, alleges that the company’s website is in violation of the Americans with Disabilities Act (ADA), because it discriminates against blind people.

The complaint contends that, “Defendant is denying blind individuals throughout the United States equal access to the goods and services Jo-Ann provides to their non-disabled customers” on its website.

The class action continues, “In fact, the access barriers make it impossible for blind users to even complete a transaction on the website.”

The Jo-Ann class action lawsuit states that there are 8.1 million people who are visually impaired in the U.S., and they are protected by the ADA and state human rights laws.

The ADA prohibits discrimination against people with disabilities in any “public accommodation,” such as Jo-Ann stores and its publicly assessable website.

Discrimination includes “failure to make reasonable modifications” so people with disabilities can enjoy the same “goods, services, facilities, privileges, advantages, or accommodations” as others.

The class action asserts that technology exists and is readily available to assist the visually impaired with surfing the internet, such as screen reading technology, but it requires certain website features to be usable.

The complaint contends that “well-established guidelines” have “been in place for at least several years” to make websites accessible by the blind.

The World Wide Web Consortium and the federal government have published standards for websites accessibility, which include using invisible alt-text behind graphics (so screen reading software can explain images to the blind), making sure that website functions can be used with a keyboard and not just a mouse, and employing headings so blind people can navigate around a site more easily.

Plaintiff Mary West states that she is completely blind, but still enjoys ordering things for herself off of websites using screen reader software. West claims that she has tried “numerous” times to access JoAnn.com.

Most recently, in November of 2016, she tried to buy yarn from JoAnn.com but was still unable to because the website has no alt-text and requires a mouse to navigate its links and drop-down menus. This is a violation of the ADA and New York state anti-discrimination and civil rights laws, according to the class action.

The Jo-Ann ADA compliance lawsuit requests certification of a Class of “all legally blind individuals in the United States who have attempted to access Joann.com and as a result have been denied access to the enjoyment of goods and services offered in Jo-Ann Stores.” The complaint also asks for a subclass of all residents of New York who have done the same.

The class action seeks an injunction “requiring Defendant to take all the steps necessary to make its website, Joann.com, into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that Joann.com is readily accessible to and usable by blind individuals.” The class also seeks compensatory damages and statutory penalties.

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

The Jo-Ann Website ADA Compliance Class Action Lawsuit is Mary West v. Jo-Ann Stores LLC, Case No. 1:16-cv-09386, in the U.S. District Court for the Southern District of New York.