A new class action lawsuit claims that a major online retailer’s website denies equal access to blind and visually impaired customers, raising questions about compliance with federal disability law in the digital marketplace. The complaint was filed by Constance Henry on March 8, 2026, in the United States District Court for the Northern District of Illinois against Chukar Cherry Company.
According to the filing, Henry, who is legally blind and relies on screen-reading software to access online content, attempted to use Chukar Cherry Company’s website (https://www.chukar.com) to purchase chocolate-covered cherries but was unable to complete her transaction due to numerous accessibility barriers. The complaint states that these barriers prevent not only Henry but also other visually impaired individuals from independently navigating or making purchases on the site.
The lawsuit outlines that approximately 8.1 million people in the United States are visually impaired, including around 260,000 in Illinois alone. The document emphasizes that “Defendant is denying blind and visually impaired individuals throughout the United States equal access to the goods and services Defendant provides to their non-disabled customers through the Website.” It further asserts that this denial constitutes a violation of rights under Title III of the Americans with Disabilities Act (ADA).
Henry describes several specific obstacles encountered while using Chukar Cherry Company’s website with her screen reader software. These include missing alternative text for images, improper heading structure, interactive elements inaccessible via keyboard navigation, automatic pop-up windows without warning or proper focus control, drop-down menus that do not announce their state as expanded or collapsed, and checkout processes that cannot be completed without a mouse. The complaint details: “Plaintiff was forced to repeatedly tab through elements with the same destination… Plaintiff was disoriented when the automatic pop-up window appeared on the web page… Plaintiff tried to follow links from the website and received no prior warning that links opened new windows.” As a result of these issues, Henry alleges she could not complete her intended purchase.
The legal argument centers on whether Chukar Cherry Company’s website qualifies as a “place of public accommodation” under Title III of the ADA and whether its current design unlawfully discriminates against people with visual disabilities by failing to provide reasonable modifications or auxiliary aids necessary for equal access. The complaint references established guidelines such as version 2.2 of the Web Content Accessibility Guidelines (WCAG), which many courts have recognized as industry standards for accessible web design.
Henry claims that despite widely available technology solutions—such as alternative text for images and keyboard-accessible forms—Chukar Cherry Company has chosen an “exclusively visual interface” without meaningful accommodations for screen-reader users. She argues this exclusion forces visually impaired consumers either to seek assistance from sighted companions or spend additional time and resources shopping at physical stores.
The lawsuit seeks several remedies from the court: a preliminary and permanent injunction requiring Chukar Cherry Company to bring its website into full compliance with ADA requirements; a declaration that current practices discriminate against visually impaired users; compensatory damages for unlawful discrimination; certification of a nationwide class consisting of all legally blind individuals who have been denied access; pre- and post-judgment interest; costs and attorneys’ fees; and any other relief deemed appropriate by the court.
The case also notes recent guidance from the U.S. Department of Justice stating that ADA requirements apply fully to goods and services offered online by public accommodations. According to Henry’s counsel, “Unless Defendant remedies the numerous access barriers on its Website, Henry and Class Members will continue to be unable to independently navigate, browse, use, and complete a purchase on the Website.”
The complaint was prepared by David B. Reyes of Equal Access Law Group PLLC on behalf of Constance Henry and similarly situated plaintiffs. The case number is 1:26-cv-2590.
Source: 126cv2590_Constance_Henry_v_Chukar_Cherry_Complaint_Northern_District_of_Illinois.pdf
