Mahlberg v. Elie Tahari LTD

Summary

On December 18, 2019, Raymond T. Mahlberg filed a Complaint in Florida Federal court against Elie Tahari Ltd.. Plaintiff Raymond T. Mahlberg alleges that www.elietahari.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Elie Tahari Ltd. is a fashion label manufacturing and selling designer women's apparel and accessories at retail stores and via its website.

What the complaint says

The problems the plaintiff describes with the website.

• a. All image elements must have an alt attribute. WCAG 2.0 A F65
• Each a element must contain text or an img with an alt attribute. WCAG 2.0 A F89
• All fields in a group of input fields (for example phone numbers) need a label. WCAG 2.0 A F86
• All onclick handlers should have an equivalent on keypress handler. WCAG 2.0 A
• Button elements containing only an img must have an alt attribute on the img WCAG 2.0 A F65
• Content inserted with CSS is not read by some screen readers, and not available to people who turn off style sheets. WCAG 2.0 A F87
• Iframe and frame elements must have title attributes WCAG 2.0 A 2.4.1

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.

What the plaintiff asks for

What the plaintiff wants the court to order.

• That the Court issue a Declaratory Judgment that determines that the Defendants' website at the commencement of the subject lawsuit is in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.;
• That the Court enter an Order directing Defendants to continually update and maintain their computer version of the defendant’s website and ELIE TAHARI’s mobile application (app) to ensure that it remains fully accessible to and usable by visually impaired individuals;
• That the Court issue an Order for Defendants to continuously monitor and maintain their computer website and mobile app to ensure that it is readily accessible to and usable by persons with vision impairment;
• That the Court issue an Order directing Defendants to alter their website to make it accessible to, and useable by, individuals with disabilities to the full extent required by Title III of the ADA;
• That the Court enter an Order directing Defendants to evaluate and neutralize their policies and procedures towards persons with disabilities for such reasonable time so as to allow Defendants to undertake and complete corrective procedures;
• That the Court enter an award of attorney’s fees, costs and litigation expenses pursuant to 42 U.S.C. § 12205; and Title III of the ADA Section 36.505