Randolph Simmons v. Wolverine World Wide, Inc.

Case Summary

According to the complaint, Randolph Simmons, a legally blind individual, is suing Wolverine World Wide, Inc. for violations of the Americans with Disabilities Act due to accessibility barriers on its website, www.merrell.com. The plaintiff alleges that he encountered numerous issues, including missing alternative text and broken ARIA attributes, which prevented him from independently accessing product information and completing purchases. The complaint cites prior litigation where the defendant committed to improving accessibility but failed to do so. Simmons seeks injunctive relief to ensure the website complies with accessibility standards and compensatory damages for the discrimination faced.

Causes of Action

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

Key Allegations

• Plaintiff encountered pervasive accessibility barriers on the website preventing independent access to product information and purchasing functionality.
• Defendant failed to implement WCAG 2.1 compliance despite prior litigation and settlement regarding accessibility issues.
• Accessibility barriers included missing alternative text, empty buttons, broken ARIA attributes, and contrast failures.

Requested Relief

• A preliminary and permanent injunction prohibiting Defendant from violating the ADA and the laws of New York
• A preliminary and permanent injunction requiring Defendant to make the Website fully compliant with the ADA
• Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages, penalties, and fines
• An award of costs and expenses of this action together with reasonable attorneys’ and expert fees

Proposed Class

all legally blind individuals in the United States who have attempted to access www.merrell.com and were denied equal access to its digital content, product information, and online purchasing functions due to persistent accessibility barriers during the relevant statutory period.

Jurisdiction & Venue

This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 and 42 U.S.C. § 12188, as Plaintiff alleges violations of Title III of the Americans with Disabilities Act, a federal civil rights statute.