A proposed class action case over alleged civil rights violations claims defendant Simon Property Group, L.P.’s Proactiv skincare products kiosk in the Miami Mall discriminates against blind and visually impaired individuals in violation of the Americans with Disabilities Act (ADA) of 1990. The 21-page lawsuit argues the Proactiv kiosk, which reportedly uses an exclusively digital interface through which customers can browse and buy skincare products, is not ADA compliant since it provides no alternative means for blind consumers to independently utilize its services.
The case notes that the plaintiff, a blind woman, is defined as disabled under the ADA and suffers from macular degeneration. The woman’s lawsuit claims the defendant, despite the prevalent availability of accessibility technology, chose to leave blind and visually disable consumers out of the loop:
“Sighted customers can independently browse, select, and pay for Proactiv brand skincare products at the Miami Mall Proactiv kiosk. However, blind customers are denied the opportunity to participate in this retail service,” the complaint reads. “Moreover, [the defendant] has failed to provide an alternative channel for blind customers to enjoy the retail service provided through the Proactiv kiosk, such as the training of qualified readers to assist visually impaired and blind customers.”