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Randolph Simmons v. Wolverine World Wide, Inc.

Filed

Case details

Standards cited
WCAG 2.1 Level A and AA

Summary

According to the complaint, Randolph Simmons, a legally blind individual, is suing Wolverine World Wide, Inc. for violations of the Americans with Disabilities Act due to accessibility barriers on its website, www.merrell.com. The plaintiff alleges that he encountered numerous issues, including missing alternative text and broken ARIA attributes, which prevented him from independently accessing product information and completing purchases. The complaint cites prior litigation where the defendant committed to improving accessibility but failed to do so. Simmons seeks injunctive relief to ensure the website complies with accessibility standards and compensatory damages for the discrimination faced.

About the defendant

Defendant operates an interactive ecommerce platform that markets and sells footwear, outdoor gear, apparel, and related consumer products.

What the complaint says

The problems the plaintiff describes with the website.

  • Plaintiff encountered pervasive accessibility barriers on the website preventing independent access to product information and purchasing functionality.
  • Defendant failed to implement WCAG 2.1 compliance despite prior litigation and settlement regarding accessibility issues.
  • Accessibility barriers included missing alternative text, empty buttons, broken ARIA attributes, and contrast failures.

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

  • Violations of the ADA, 42 U.S.C. § 12182 et seq.
  • Violations of the New York State Human Rights Law (NYSHRL)
  • Violation of the New York State Civil Rights Law (NYCRL)
  • Violations of the New York City Human Rights Law (NYCHRL)
  • Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

  • A preliminary and permanent injunction prohibiting Defendant from violating the ADA and the laws of New York
  • A preliminary and permanent injunction requiring Defendant to make the Website fully compliant with the ADA
  • Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages, penalties, and fines
  • An award of costs and expenses of this action together with reasonable attorneys’ and expert fees

Proposed class

The group of people the plaintiff asks to represent, so the case can cover them too.

all legally blind individuals in the United States who have attempted to access www.merrell.com and were denied equal access to its digital content, product information, and online purchasing functions due to persistent accessibility barriers during the relevant statutory period.