Ole Smoky Distillery Class Action Alleges Website Not Accessible to Blind and Visually Impaired People

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Overview of the Ole Smoky Distillery Website Access Class Action:

  • Who: Jose Quezada has filed a class action lawsuit against Ole Smoky Distillery, LLC.
  • Why: Quezada claims that Ole Smoky Distillery is breaking the law by not making its website fully accessible to people who are legally blind or visually impaired.
  • Where: The class action lawsuit was filed in federal court in New York.

Ole Smoky Distillery fails to make its website fully accessible and independently usable for people who are legally blind or partially sighted, according to a new class action lawsuit.

Plaintiff Joise Quezada claims that Ole Smoky Distillery has failed to make its website compatible with screen-reading software used by blind and visually impaired people to access the Internet.

Quezada wants to represent a national class and New York underclass of legally blind or visually impaired individuals who have been “denied access to equal enjoyment of goods and/or services” offered on Ole Smoky’s website. Distillery.

Quezada says the Ole Smoky Distillery website has a number of accessibility issues for its screen reader, which it says is unable to describe images and read the “shopping cart” link when a new item is added.

Ole Smoky Distillery’s website presents “access barriers” to its use

Additionally, Quezada’s screen reader skips some text on the Ole Smoky Distillery website and reads banner links twice, according to the Ole Smoky Distillery class action lawsuit.

Quezada says accessibility issues persist on the Ole Smoky Distillery website to this day, presenting him with the purchase of certain goods and/or services.

“Access Barriers encountered by Plaintiff have caused Plaintiff to be denied full and equal access on several occasions in the past, and now routinely deter Plaintiff from accessing Respondent’s website in the future” , says the Ole Smoky Distillery class action lawsuit.

Quezada claims that the Ole Smoky Distillery is in violation of the Americans with Disabilities Act and New York City Human Rights Act.

Plaintiff seeks a jury trial and seeks declaratory relief and injunctive relief as well as compensatory, statutory and punitive damages for himself and all class members.

A number of class action lawsuits have recently been filed against companies accused of not making their websites fully accessible for the blind or visually impaired, including Barstool Sports, Dell, FanDuel, and Whole Foods, among others.

Have you been denied equal access to goods and/or services offered on the Ole Smoky Distillery website? Let us know in the comments!

Plaintiff is represented by Edward Y. Kroub, Jarrett S. Charo and William J. Downes of Mizrahi Kroub LLP.

The Ole Smoky Distillery Website Access Class Action is Quezada vs. Ole Smoky Distillery, LLCCase No. 1:22-cv-04518, in the U.S. District Court for the Southern District of New York.



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