A new federal lawsuit claims that a major online retailer’s website is not accessible to blind and visually impaired consumers, raising concerns about equal access to digital services under federal law. The suit was filed by Andre Battle in the United States District Court for the Northern District of Illinois on March 4, 2026, naming Fulton and Roark LLC as the defendant.
According to court documents, Battle brings this action on behalf of himself and all others similarly situated who are legally blind or visually impaired. The complaint alleges that Fulton and Roark’s website, fultonandroark.com, contains significant accessibility barriers that prevent blind individuals from independently navigating or making purchases using screen-reading software. “Defendant is denying blind and visually impaired persons throughout the United States with equal access to the goods and services Fulton and Roark provides to their non-disabled customers through https://fultonandroark.com/ (hereinafter ‘Fultonandroark.com’ or ‘the website’),” states the filing.
The plaintiff asserts that he relies on screen-reading technology such as Job Access With Speech (JAWS) to access web content. Despite multiple attempts to purchase a solid perfume from Fultonandroark.com, Battle reports being unable to complete a transaction due to various technical obstacles. These include missing alternative text for images, improper labeling of interactive elements, navigation difficulties with keyboard-only commands, inaccessible forms, inconsistent focus order during navigation, unannounced pop-up windows, non-interactive email addresses on contact pages, and other issues that collectively render the site unusable for those relying on assistive technology.
The complaint outlines how these alleged failures violate Title III of the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability in places of public accommodation. The document cites guidance from the U.S. Department of Justice stating that ADA requirements apply to goods and services offered online by public accommodations. It also references widely recognized standards such as version 2.2 of the Web Content Accessibility Guidelines (WCAG 2.2), which many businesses use to ensure digital accessibility.
Battle argues that “by failing to make the website accessible to blind persons,” Fulton and Roark is violating both state and federal law regarding equal access requirements. He describes his own experience: “On August 26, 2025, Plaintiff visited the Defendant’s website… However, while navigating the website using his screen reader software, Battle encountered accessibility barriers that significantly interfered with his ability to complete a purchase.” The complaint details specific instances where navigation was disrupted by improperly coded elements or lack of descriptive labels.
The lawsuit seeks certification as a nationwide class action representing all legally blind individuals in the United States who have attempted but failed to access goods or services via Fultonandroark.com during the relevant statutory period. Common questions identified include whether Fultonandroark.com qualifies as a “public accommodation” under ADA definitions and whether its current design denies full enjoyment of its offerings to people with visual disabilities.
In addition to declaratory relief recognizing ongoing violations of federal law, Battle requests preliminary and permanent injunctions requiring Fulton and Roark LLC to bring its website into compliance with ADA standards so it becomes fully accessible for blind users. Other remedies sought include compensatory damages for emotional distress allegedly caused by exclusion from online commerce opportunities; nominal damages; punitive damages; payment of legal costs; pre- and post-judgment interest; class certification; appointment of class counsel; and any further relief deemed appropriate by the court.
The case identifies Uri Horowitz as attorney for the plaintiff. The matter is docketed under Case No.: 1:26-cv-02427.
Source: 126cv02427_Andre_Battle_v_Fulton_and_Roark_Complaint_Northern_District_of_Illinois.pdf
