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 Market/Marketside (Walmart). Walmart has been sued over kiosk accessibility, though with Carrie Farber at the accessibility helm, chances are there won’t be a web or mobile app accessibility lawsuit any time soon.
  • Whole Foods—Haven’t gotten into trouble yet, but they deserve to if they don’t get rid of that “separate but equal” accessible view link. One case has already been decided squarely on that topic, and it cost Scandinavian Airlines a lot of money. There is really no valid excuse for a separate site to be maintained, especially now that Whole Foods should be able to leverage the extremely talented Amazon accessibility team.

And two that haven’t been sued who seem to have figured it out on their own:

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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.