A class-action lawsuit was filed against Apple Inc. for allegedly failing to comply with the Americans with Disabilities Act.

Plaintiff David New, a blind man, sued Apple on behalf of "himself and all others similarly situated" due to the company failing to design, construct, own, and operate Point of Sale (POS) Devices that are accessible and independently usable by blind people.

According to the filing in the United States District Court for the Southern District of Florida, New alleged Apple violated Title III of Americans with Disabilities Act (42 U.S.C. § 12101). He further stated the Apple retail stores are not accessible for blind people to independently use. The filing, submitted by the law offices of León Cosgrove, LLC, note the touch screen surfaces of the Apple devices are not "discernable" to blind or visually impaired customers.

New visited an Apple Store in Miami Beach in February. During an attempt to make a purchase with his debit card, he realized he was unable to independently finish the transaction due to the flat touch screen of the debit card device.

"To make a debit card purchase using Defendant's (Apple) POS Devices, a customer must enter their Personal Identification Number ("PIN"). However, because a blind or visually impaired individual cannot discern the numerical references displayed on the keypad of the POS Device, said individual does not have the ability to independently make a debit purchase," the lawsuit noted. "Instead, the blind or visually impaired consumer must divulge their PIN number in order to complete a debit transaction."

New added the flat touch screen devices "discriminates" against the blind and visually impaired and violated the Americans with Disabilities Act for "denying them full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations" at the Apple Store.

The lawsuit acknowledged devices with tactilely discernable keypad surface have been available at other retail stores that allows blind or visually impaired consumers to use independently.

New, who states in the court filing that he's still an Apple customer despite the lawsuit, wants an injunction for the iPhone company to update or replace all POS Devices to meet the Americans with Disabilities Act requirements.

Congress enacted the Americans with Disabilities Act on July 26, 1990, which prohibits discrimination on disability basis. Businesses had until January 1992, if the company had more than 10 employees, to meet with the Act's requirements. Companies with less than 10 employees were given a January 26, 1993, deadline.

Apple has not issued a comment on the lawsuit, but the company holds a history of providing accessibility tools for the disabled.

As Apple noted, its VoiceOver is the world's first gesture-based screen reader available on iOS and Mac devices.

"[VoiceOver] lets users who are blind or have low vision know what's happening on their device," Apple stated. "And helps them control it."

Apple also supports more than 40 types of Bluetooth wireless braille displays for the iPad, iPhone, and iPod touch.

Apple noted, "Simply pair one and start using it to navigate your iOS device with VoiceOver -- no additional software needed. In addition, iPad, iPhone, and iPod touch include braille tables for more than 25 languages."

It is unknown, based on the court filing, if New or his representative contacted Apple about the issue.

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