Tatum-rios v. Lub Foods USA, Inc.

Summary

On November 24, 2020, Lynnette Tatum-Rios filed a Complaint in New York Federal court against LUB Foods USA Inc. d/b/a Nick's . Plaintiff Lynnette Tatum-Rios alleges that www.nicks.com is not accessible per the WCAG 2.1 accessibility standard(s).

About the defendant

LUB Foods develops, manufactures and markets tasty and healthy snacks, protein bars, confectionery, ice cream, sweeteners and other "functional foods" under the brand name NICK's

What the complaint says

The problems the plaintiff describes with the website.

• Know what is on the Website. This is in part due to the non-text images lacking proper alternative text.
• Navigate the Website. This Website was difficult to navigate using a screen reader.
• Lack of alt-text for images.
• Form controls have no label.
• Tables are not labeled with row and column headers.
• Links use general text like “click here” with no surrounding text explaining the link purpose.
• Frames do not have a title.
• Button elements are empty and have no programmatically determined name. Form controls have no label and no programmatically determined name.
• Forms have fields without label elements or title attributes.
• Webpages have duplicate IDs, which cause problems with screen readers.
• Radio button groups are not contained in a fieldset element.
• Form field labels are not unique on a page or enclosed in a fieldset with a legend that makes the label unique.
• Headings are not nested correctly and at least twenty (20) headings are empty.
• Webpages have markup errors.

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

• Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
• New York State Human Rights Law
• New York City Human Rights Law
• Declaratory Relief

What the plaintiff asks for

What the plaintiff wants the court to order.

• A preliminary and permanent injunction to prohibit Defendant from violating Title III of the ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York;
• A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with the requirements set forth in Title III of the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
• A declaration that Defendant owns, maintains and/or operates the Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York
• An order certifying the Class and Subclasses under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and her attorneys as Class Counsel;
• Compensatory damages in an amount to be determined by proof, including all applicable statutory damages, punitive damages and fines;
• Pre- and post-judgment interest;
• An award of costs and expenses of this action together with reasonable attorneys’ and expert fees; and
• Such other and further relief as this Court deems just and proper.