MIAMI – A blind individual has filed a class-action lawsuit against a grocery store over allegations he cannot access its website because it is not compatible with screen-reader software.
Andres Gomez, on behalf of himself and all others similarly situated, filed a complaint on March 28 in the U.S. District Court for the Southern District of Florida against The Fresh Market Inc., doing business as The Fresh Market, alleging that the defendant violated the American Disabilities Act.
According to the complaint, the plaintiff alleges that he visited the website of the defendant to purchase food products but the website contains digital barriers limiting the ability of blind or visually impaired consumers to access the website's content. He alleges the website does not properly interact with screen reader software and denies visually impaired customers the ability to view the products and order online.
The plaintiff holds The Fresh Market Inc., doing business as The Fresh Market, responsible because the defendant allegedly failed to provide persons with disabilities full and equal access to its website.
The plaintiff requests a trial by jury and seeks declaratory judgment, payment for attorneys' fees, costs incurred and other relief the court deems just, equitable and appropriate. He is represented by Anthony J. Perez and Alfredo Garcia-Menocal of Garcia-Menocal and Perez, PL in Miami.
U.S. District Court for the Southern District of Florida Case number 1:17-cv-21154