Lucius v. Jonathan Adler Enterprises, LLC

Summary

On September 14, 2020, Windy Lucius filed a Complaint in Florida Federal court against Jonathan Adler Enterprises, LLC . Plaintiff Windy Lucius alleges that www.jonathanadler.com is not accessible.

About the defendant

Jonathan Adler Enterprises, LLC designs, manufactures, and markets home accessories.

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
• the submenu items are not accessible by keyboard.
• A cart preview window appears when a user presses the Add to Cart window. This shows that the item was successfully added and contains links to allow users to continue shopping or checkout. The barrier presented to blind users is that this window is not announced so they do not receive notice that the item was added and focus does not move into this window.
• The 10% off pop-up is displayed as soon as the homepage opens, however, it's not announced to screen reader users.
• Attempts to submit a form with errors resulted in a pop-up box that reads "please fill in required fields" but it is not announced and the field was displayed for about 1-2 seconds so a user cannot navigate to it.
• the suggestion does not provide information to users on which fields to update. Instead, the site has a red outline to indicate the fields with errors but this does not help blind users.

Legal claims

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

• Violation of Title III of the Americans with Disabiltities Act

What the plaintiff asks for

What the plaintiff wants the court to order.

• The Court issue a DeclaratoryJudgment that determinesthat theDefendant’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 DeclaratoryJudgment that determinesthat theDefendant’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.