Carello v. Aurora Policeman Credit Union, No. 18-2887 (7th Cir. 2019)Annotate this Case
Carello is blind. To access online visual content, he uses a “screen reader,” which reads text aloud to him from websites that are designed to support its software. Carello claims that the Credit Union website fails to offer such support. The Illinois Credit Union Act requires that credit union membership be open only to groups of people who share a “common bond,” including “[p]ersons belonging to a specific association, group or organization,” “[p]ersons who reside in a reasonably compact and well-defined neighborhood or community,” and “[p]ersons who have a common employer.” The Credit Union limits its membership to specified local government employees. Membership is required before an individual may use any Credit Union services. Carello is not eligible for, nor has he expressed any interest in, Credit Union membership. He is a tester: he visits websites solely to test Americans with Disabilities Act (ADA) compliance, which prohibits places of public accommodation from discriminating “on the basis of disability in the full and equal enjoyment of [their] goods, services, facilities, privileges, advantages, or accommodations,” and requires them to make “reasonable modifications” to achieve that standard, 42 U.S.C. 12812(a), (b). The Seventh Circuit affirmed the dismissal of Carello’s claim. Carello lacked standing to sue because he failed to allege an injury in fact.