Lucius v. Thom Browne, Inc.

Summary

On August 31, 2020, Windy Lucius filed a Complaint in Florida Federal court against Thom Browne, Inc.. Plaintiff Windy Lucius alleges that www.thombrowne.com is not accessible per the WCAG 2.1 accessibility standard(s).

About the defendant

Thom Browne, Inc. manufactures and sells shoes, socks, apparel, and accessories for men, women, and children.

What the complaint says

The problems the plaintiff describes with the website.

• The new customer registration form has gender as a required field. The issue is that only the Male checkbox is in the tab order so the female option is not announced. Focus skips to the next field instead of announcing the female option sofemale screen reader users cannot complete this form and register for an account. Plaintiff is a female.
• Keyboard focus order is not working sequentially. The focus order does not go to the sub links of the header so these options are not announced.
• Screen reader users are not alerted when errors are present on a form.
• Text is shown onscreen but it is not announced as a user tabs between the fields. After they press the submit button then they do not hear any alerts or notifications.
• Keyboard focus does not move to the "Complimentary Shipping And Returns" banner link so it isnot announced to screen reader users.
• Error suggestions are shown for blank fields and invalid field entries but they are not announced.

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 DeclaratoryJudgment that determinesthat 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.
• TheCourt issue a Declaratory Judgment that determines that 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.