Plaintiffs Allege Digital Accessibility Violations Against Online Retailer Cabeau

U.S. District Court for the Northern District of Illinois
U.S. District Court for the Northern District of Illinois
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In a significant legal development, a complaint has been filed against a major corporation for failing to make its digital properties accessible to individuals with visual disabilities. The lawsuit, initiated by Tentya Booker and Jan Foley on February 20, 2026, in the United States District Court for the Northern District of Illinois, targets Azurous Inc., known for its brand Cabeau. This case underscores the ongoing struggle for equal access to digital platforms, especially as e-commerce continues to grow post-pandemic.

The plaintiffs, Tentya Booker and Ian Foley, both legally blind individuals, allege that Azurous Inc.’s digital platform violates Title III of the Americans with Disabilities Act (ADA) by not providing effective communication and equal access to visually impaired users. According to the complaint, the defendant’s website is not compatible with screen-reading software, which is essential for blind users to navigate online content. This lack of accessibility denies them the ability to independently research and purchase products from Cabeau’s online store. “For this significant portion of Americans,” the complaint states, “accessing digital platforms…has become critical.”

Booker and Foley are seeking a permanent injunction requiring Azurous Inc. to overhaul its corporate policies and ensure its digital properties remain accessible. They demand that the company retain a qualified web accessibility consultant to assist in improving website accessibility and provide training for employees involved in digital content development. Additionally, they request periodic audits and user testing by individuals who are blind or have low vision.

The plaintiffs’ experiences highlight specific barriers they encountered on Cabeau’s website. For instance, promotional dialogs do not receive screen-reader focus, preventing users from accessing valuable offers. Unlabeled elements further complicate navigation for screen-reader users. Despite these challenges, both plaintiffs express their intent to continue attempting access if improvements are made.

The lawsuit seeks not only declaratory judgment but also compensatory damages under New York State Human Rights Law for plaintiff Foley. It calls for Azurous Inc. to take all necessary steps to comply with ADA requirements and maintain an accessible digital platform moving forward.

Representing Booker and Foley are attorneys Benjamin J. Sweet from Nye, Stirling, Hale, Miller & Sweet LLP in Pittsburgh and Jonathan D. Miller from Santa Barbara. The case is presided over by Judge [Name] under Case ID 1:26-cv-01937.

Source: 126cv01937_Teniya_Booker_v_Azurous_Complaint_Northern_District_of_Illinois.pdf


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