KELLY McLEAN v. Axle of Dearborn, Inc., d/b/a Detroit Axle

Case Summary

According to the complaint, Kelly McLean, a legally blind individual, is suing Axle of Dearborn, Inc., doing business as Detroit Axle, for violations of the Americans with Disabilities Act (ADA). McLean alleges that the defendant's website, www.detroitaxle.com, is not accessible to blind users, preventing her from independently browsing and purchasing automotive parts necessary for her vehicle. The complaint cites multiple accessibility barriers identified through automated audits, including missing alternative text for images and inaccessible navigation elements. McLean seeks a permanent injunction requiring the defendant to make its website accessible and claims that the ongoing inaccessibility constitutes discrimination under the ADA and related state laws. She also requests class certification for all legally blind individuals who have faced similar barriers on the website.

Causes of Action

• Violations of the ADA, 42 U.S.C. § 12182 et seq.
• New York State Human Rights Law
• Violation of New York State Civil Rights Law
• Violations of the New York City Human Rights Law
• Declaratory Relief

Key Allegations

• Defendant’s failure to design, construct, maintain, and operate its ecommerce website in a manner that is accessible to blind and visually impaired individuals.
• Plaintiff was unable to independently complete her objectives due to pervasive access barriers on the website.
• Accessibility violations identified across 257 pages of the site, including Level A WCAG 2.1 failures.

Requested Relief

• A preliminary and permanent injunction prohibiting Defendant from violating Title III of the ADA, 42 U.S.C. § 12182 et seq.
• A preliminary and permanent injunction requiring Defendant to take all steps necessary to make www.detroitaxle.com fully accessible to and usable by blind and visually impaired individuals, including through adoption and maintenance of WCAG-conforming accessibility measures.
• A declaration that Defendant owns, maintains, controls, and/or operates its Website in a manner that discriminates against blind individuals and fails to provide equal access as required by law.
• An order certifying the proposed Class and New York Subclass under Fed. R. Civ. P. 23, appointing Plaintiff as Class Representative, and appointing her counsel as Class Counsel.
• An award of costs, litigation expenses, and reasonable attorneys’ fees to the fullest extent permitted by law.

Proposed Class

All legally blind individuals in the United States who have attempted to access www.detroitaxle.com and, as a result of Defendant’s failure to design, construct, maintain, and operate the Website in an accessible manner, were denied equal access to the goods, services, and information offered thereon.

Jurisdiction & Venue

This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 because Plaintiff’s claims arise under the laws of the United States, including Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.