Lucius v. Markys, LLC

Summary

On November 4, 2019, Windy Lucius filed a Complaint in Florida Federal court against Markys, LLC. Plaintiff Windy Lucius alleges that www.markys.com is not accessible.

About the defendant

Markys, LLC sells gourmet food products.

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 calendar is needed to select a delivery date, but this is not accessible via a keyboard-only
• Users must use a mouse to select a date
• Skip navigation is not available
• Submenu items are only accessible with a mouse
• Screen reader users cannot hear the submenu items nor the images such as a $13 offer for a specific product
• The cart link is not labeled—screen reader users only hear "# link"
• A label is not available for the "State" dropdown
• The "Marky's Gourmet Food Catalog (PDF)" PDF is not accessible

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