Peet’s Class Action Says Website is Not Accessible to Blind Customers

Peet’s Operating Company Inc., which operates Peet’s Coffee & Tea gourmet coffee shops and the www.Peets.com website, has been hit with a class action lawsuit accusing it of failing to operate a website that is fully accessible to and independently usable by blind or visually-impaired people.

Plaintiff Jason Camacho of Brooklyn, N.Y., says he is legally blind and cannot use a computer without the assistance of screen-reading software.

According to the Peet’s class action lawsuit, Camacho attempted to navigate www.Peets.com and encountered multiple accessibility barriers that prevented him from being able to effectively use the website.

“Defendant’s denial of full and equal access to its website, and therefore denial of its products and services offered thereby and in conjunction with its physical locations, is a violation of Plaintiff’s rights under the Americans with Disabilities Act (‘ADA’),” the Peet’s class action lawsuit says.

According to the ADA class action lawsuit, people with visual impairments that meet the legal definition of blindness have a visual acuity with correction of less than or equal to 20 x 200. Approximately 8.1 Americans are visually impaired and 2 million are blind, according to data Camacho cites based on a 2010 U.S. Census Bureau report.

“The Internet has become a significant source of information, a portal, and a tool for conducting business, doing everyday activities such as shopping, learning, banking, researching, as well as many other activities for sighted, blind and visually-impaired persons alike,” according to the Peet’s ADA class action lawsuit.

Visually-impaired people are able to access the internet using screen access software that vocalizes information found on a computer screen or which displays the content in Braille.

Camacho claims that the Peet’s website lacks alternative text, which allows screen-reading software to speak and describe the graphics on the website. This lack of “alt-text” prevents visually-impaired people from being able to determine what is on the website, including retail locations and the types of coffees and teas that are available for purchase, the Peet’s class action lawsuit alleges.

The links on the Peet’s website are also difficult for screen-reading software to interpret, Camacho says. The website allegedly includes empty links, redundant links and linked images that lack alt-text, causing the visually-impaired customer to experience confusion, additional navigation or repetition that makes the website difficult to use.

Camacho claims that these barriers have deterred him from visiting Peet’s physical coffee shop locations because he was unable to find the locations and hours of operation on the Peet’s website. According to the Peet’s class action lawsuit, he intends to visit a physical Peet’s coffee shop in the future if he could access the company’s website.

Camacho is seeking a permanent injunction that will change the company’s corporate policies, practices and procedures so that the Peet’s website will be accessible to blind and visually-impaired customers.

The Peet’s ADA class action lawsuit was filed on behalf of Camacho and a proposed Class of legally blind individuals in the United States who have attempted to access www.Peets.com and were denied access to the goods and services offered at the company’s physical locations. He also seeks to represent a New York subclass.

Camacho is represented by Naresh M. Gehi of Gehi & Associates and by Jeffrey M. Gottlieb and Dana L. Gottlieb of Gottlieb & Associates.

The Peet’s Coffee ADA Class Action Lawsuit is Jason Camacho v. Peet’s Operating Company Inc., Case No. 1:17-cv-08782, in the U.S. District Court for the Southern District of New York.