Quiznos Class Action Says Website Not Accessible to Blind Consumers

Sandwich chain Quiznos has been hit with a class action lawsuit alleging its website is not accessible to blind and visually impaired consumers.

Plaintiff Andres Gomez, who is legally blind, filed the Quiznos class action lawsuit last week in Florida federal court. He says he requires screen-reading software programs when viewing websites on a computer. With this assistive technology, the website content can be read audibly so that Gomez and other blind and visually-impaired individuals can understand the information presented on the website.

However, Gomez alleges that defendant The Quizno’s Master LLC “failed to design, construct, maintain and operate Quiznos.com to be fully accessible and independently usable by Plaintiff and other blind and visually-impaired consumers because it contains access barriers which prevent blind and visually-impaired people from equally and independently navigating the website and its fundamental functions using screen reading software programs, otherwise known as assistive technology or screen-readers.”

According to the Quiznos class action lawsuit, by maintaining a website that cannot be independently used by blind and visually-impaired consumers, the restaurant has excluded those customers from participating in the marketplace and deterred them from visiting Quiznos restaurants.

The Quiznos website reportedly contains important information about the restaurants’ locations, hours, menu items, nutritional information, online ordering, coupons and promotions, gift card information, and other benefits related to the goods and services offered by the fast food chain.

Gomez asserts that Quiznos has violated his rights under the Americans with Disabilities Act (ADA), as well as the rights of other blind and visually-impaired consumers.

“The ADA specifically provides, ‘No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to) or operates a place of public accommodation,” the Quiznos class action lawsuit states.

“The ADA further requires that a public accommodation provide accessible electronic and information technology as auxiliary aids and services,” the Quiznos class action lawsuit continues. “Commercial websites that are not accessible for blind and visually-impaired individuals using screen-readers and keyboards only, violate this basic mandate of the ADA.”

The ADA class action lawsuit was filed on behalf of Gomez and a proposed Class of all legally blind individuals in the United States who tried to access Quiznos.com but who were denied access to the goods and services offered by Quiznos.

By filing the Quiznos class action lawsuit, Gomez seeks a permanent injunction that will require Quiznos to change its corporate policies, practices and procedures to make its website accessible to blind and visually-impaired consumers. Gomez also seeks compensatory damages for eligible Class Members.

Last year, Gomez filed an ADA class action lawsuit against Panera LLC, accusing the company of implementing an in-store ordering system that fails to accommodate blind and visually-impaired customers.

Gomez is represented by Jessica L. Kerr of The Advocacy Group.

The Quiznos ADA Class Action Lawsuit is Andres Gomez v. The Quizno’s Master LLC, Case No. 1:17-cv-22998-FAM, in the U.S. District Court for the Southern District of Florida.