A new lawsuit claims that a major beverage company’s website prevents blind and visually impaired customers from independently purchasing products online, raising concerns about digital accessibility for people with disabilities. The complaint was filed by Livingston Bennett on March 27, 2026, in the United States District Court for the Northern District of Illinois against Jones Soda Co.
According to the class action complaint, Bennett is legally blind and relies on screen-reading software to navigate websites. He alleges that Jones Soda Co.’s website (https://www.jonessoda.com) contains significant barriers that make it difficult or impossible for blind and visually impaired individuals to access goods and services offered online. The suit states that these barriers violate Bennett’s rights under the Americans with Disabilities Act (ADA).
The filing highlights that approximately 8.1 million people in the United States are visually impaired, including about 260,000 in Illinois alone. Bennett argues that Jones Soda Co.’s failure to design, construct, maintain, and operate its website so it is fully accessible excludes blind and visually impaired customers from participating equally in the marketplace. “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,” according to the complaint.
Bennett describes his experience attempting to purchase soda from Jonessoda.com as frustrating due to numerous accessibility issues. He lists problems such as missing alternative text for images, confusing heading structures, interactive elements that cannot be accessed using a keyboard, inaccessible drop-down menus, lack of navigation links, redundant links leading to identical destinations, poorly labeled forms, and requirements that transactions be completed using a mouse—an action not possible for many screen-reader users.
Specific examples include multiple heading level one tags per page which made content outlines confusing for screen reader users; sub-menu elements inaccessible via keyboard; focus being trapped within product image sections; lack of a “Skip to Content” link; dialog boxes where focus order did not move logically; interactive elements with inappropriate or non-descriptive names; improper use of HTML tags for buttons; navigation sub-menus not announcing their state as collapsed or expanded; and non-interactive elements marked as keyboard focusable without appropriate roles.
The lawsuit asserts that these issues prevent visually impaired customers from completing purchases independently on Jonessoda.com. As stated in the filing: “Consequently, visually impaired customers are essentially prevented from purchasing any items on the Website.” Bennett claims he would return to make purchases if these barriers were removed but remains deterred until changes are made.
The legal arguments center on Title III of the ADA which prohibits discrimination based on disability in places of public accommodation—including websites operated by businesses serving consumers nationwide. The complaint cites guidance from the U.S. Department of Justice stating ADA requirements apply to all goods and services offered by public accommodations online.
Bennett seeks certification of a nationwide class consisting of all legally blind individuals in the United States who have attempted to access Jonessoda.com during the relevant statutory period but were denied full enjoyment of its goods or services due to accessibility barriers. Common questions presented include whether Jones Soda Co.’s website qualifies as a public accommodation under federal law and whether its practices deny equal enjoyment of benefits or privileges.
The remedies sought include preliminary and permanent injunctions requiring Jones Soda Co. to bring its website into compliance with ADA standards—specifically referencing Web Content Accessibility Guidelines (WCAG 2.2)—as well as declaratory relief affirming violations occurred. The suit also requests compensatory damages for those affected by alleged discrimination, pre- and post-judgment interest, costs associated with litigation including attorneys’ fees, class certification with Bennett as representative plaintiff, appointment of his attorneys as class counsel, and any other relief deemed appropriate by the court.
Bennett is represented by Michael Ohrenberger of Equal Access Law Group PLLC based in Flushing, New York. The case is identified as Case No.: 1:26-cv-3431.
Source: 126cv03431_Livingston_Bennett_v_Jones_SodaComplaint_Northern_District_of_Illinois.pdf
