Lucius v. G-iii Apparel Group, LTD

Summary

On June 6, 2019, Windy Lucius filed a Complaint in Florida Federal court against G-III Apparel Group, Ltd.. Plaintiff Windy Lucius alleges that www.vilebrequin.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

G-III Apparel Group, Ltd. manufactures and sells ST. Tropez-inspired swimwear and accessories under the Vilebrequin brand name.

What the complaint says

The problems the plaintiff describes with the website.

• Website information, structure and relationships conveyed through presentation were not programmatically determined or are available in text;
• The website was not accessible by only using a keyboard;
• The website did not have a skip content link;
• The website lacked logical order that preserved meaning and operability;
• Link purpose was not clear from its context; elements were not labeled and given instructions; all elements were not built for accessibility; and fixes were not suggested for users encountering 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.

What the plaintiff asks for

What the plaintiff wants the court to order.

• A Declaratory Judgment that at the commencement of this action Defendant was in violation of the specific requirements of Title III of the ADA described above, and the relevant implementing regulations of the ADA, in thatDefendant took no action that was reasonably calculated to ensure that its website is fully accessible to, and independently usable by, blind individuals;
• A permanent injunction pursuant to 42 U.S.C. § 12188(a)(2) and 28 CFR § 36.504 (a) which directs Defendant to take all steps necessary to brings its website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that its website is fully accessible to, and independently usable by, blind individuals, and which further directs that the Court shall retain jurisdiction for a period to be determined to ensure that Defendant has adopted and is following an institutional policy that will in fact cause Defendant to remain fully in compliance with the law;
• Payment of costs of suit;
• Payment of reasonable attorneys’ fees, pursuant to 42 U.S.C. § 12205 and 28 CFR § 36.505; and,
• The provision of whatever other relief the Court deems just, equitable and appropriate.