This Week in Accessibility: Diaz v. Kroger

Sheri Byrne-Haber, CPACC
5 min readJun 12, 2019

Have we run out of grocery stores to sue over digital accessibility violations yet?

Woman pushing grocery cart while consulting phone

Let’s do a quick check of the top grocery stores in the US with respect to digital accessibility lawsuits.

  • Winn-Dixie — Somehow this company managed to miss the outcome of the Target lawsuit 9 years earlier. Or maybe they just thought Florida judges didn’t care about the needs of people with disabilities? Hint: with the number of elderly living in Florida, they do care. Winn-Dixie is rapidly becoming the most cited case in new accessibility complaints.
  • Albertsons Laney Feingold has been after Safeway (an Albertsons subsidiary) over accessibility for a long time.
  • Royal Ahold Delhaize — Food Lion, Giant Food (of Landover), GIANT Food Stores (of Carlisle), Hannaford, Stop & Shop, and Peapod. Yeah Peapod. One of two companies that did accessibility so poorly that the DOJ decided to make an example of in 2014. Enough said.
  • Aldi (owns Trader Joes) — Jason Camacho (the serial plaintiff who filed 50 lawsuits in a single month) is identified as having sued Aldi in 2017. Can’t find anything active on this, so maybe it settled?
  • H-E-B Grocery — another Lainey Feingold success story, this time over talking prescription labels.
  • Neighborhood

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Sheri Byrne-Haber, CPACC

LinkedIn Top Voice for Social Impact 2022. UX Collective Author of the Year 2020. Disability Inclusion SME. Sr Staff Accessibility Architect @ VMware.