Lucius v. Brunello Cucinelli, USA, Inc.

Summary

On November 4, 2019, Windy Lucius filed a Complaint in Florida Federal court against Brunello Cucinelli, USA, Inc.. Plaintiff Windy Lucius alleges that shop.brunellocucinelli.com/en-us is not accessible.

About the defendant

Brunello Cucinelli, USA, Inc. is a clothing boutique.

What the complaint says

The problems the plaintiff describes with the website.

• Numerous portions of the website do not interface with and are not readable by SRS
• Indicators, such as an asterisk, to denote required fields are missing
• The navigation icons to change slider images are not accessible by keyboard only
• An error message is not available for the "Contact A Boutique" field which is mandatory
• The "Standard" and "Search Size" headings are not readable by a screen reader
• The size feature does not work with screen readers
• The drop down is not labeled, and all values are announced as "blank"—since this is required, persons with vision disabilities cannot add this product to the cart

Legal claims

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

• Title III of the ADA, 42 U.S.C. § 12181 et seq.

What the plaintiff asks for

What the plaintiff wants the court to order.

• The Court issue a Declaratory Judgment that determines that the Defendant’s 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.
• The Court issue a Declaratory Judgment that determines that the Defendant’s website is in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
• The Court issue a Declaratory Judgment that Defendant has violated the ADA by failing to monitor and maintain its website to ensure that it is readily accessible to and usable by persons with vision impairment
• That this Court issue an Order directing Defendant to alter its website to make it accessible to, and useable by, individuals with disabilities to the full extent required by Title III of the ADA
• That this Court enter an Order directing Defendant to evaluate and neutralize its policies and procedures towards persons with disabilities for such reasonable time so as to allow Defendant to undertake and complete corrective procedures
• That this Court enter an Order directing Defendant to continually update and maintain its website to ensure that it remains fully accessible to and usable by visually impaired individuals
• An award of attorney’s fees, costs and litigation expenses pursuant to 42 U.S.C. § 12205
• Such other relief as the Court deems just and proper, and/or is allowable under Title III of the Americans with Disabilities Act