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Lucius v. Orlebar Brown Miami, LLC

Filed

Case details

Summary

On June 10, 2019, Windy Lucius filed a Complaint in Florida Federal court against Orlebar Brown Miami, LLC. Plaintiff Windy Lucius alleges that www.orlebarbrown.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

Orlebar Brown Miami, LLC manufactures and sells designer swimwear and accessories under the Orlebar Brown brand name.

What the complaint says

The problems the plaintiff describes with the website.

  • Website videos lack audio descriptions;
  • Users become trapped in certain content and cannot move forward;
  • Website was not accessible by only using a keyboard;
  • Website did not have a skip content link; and
  • Website lacked logical order that preserved meaning and operability.

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 that Defendant 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.