GATHERS v. WET SHAVING PRODUCTS LLC

• Defendant’s Website is so constructed that the search input field and the search input icon are without a label. The search field does not have an accessible label. Screenreader users hear “edit, blank.” The search button does not have an accessible label. Screen-reader users hear “button.” It is unclear what information a user should put into the field or the purpose of the button.
• Defendant’s Website does not give focus to the newly displayed content when subscribing to the newsletter. When a user tries to sign up for the newsletter, as provided in the footer, a challenge is presented to verify they are not a robot; this challenge content is neither given focus nor announced to the user. There is no way for a screen reader user to sign up or use any form that has a CAPTCHA.

Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.

• 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 was fully accessible to, and independently usable by, individuals with visual disabilities;
• 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 bring 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 them to remain fully in compliance with the law—the specific injunctive relief requested by Plaintiff is described more fully in paragraph 11 above.
• Payment of actual, statutory, and punitive damages, as the Court deems proper;
• Payment of costs of suit;
• Payment of reasonable attorneys’ fees, pursuant to 42 U.S.C. § 12205 and 28 CFR § 36.505, including costs of monitoring Defendant’s compliance with the judgment (see Gniewkowski v. Lettuce Entertain You Enterprises, Inc., Case No. 2:16-cv-01898-AJS (W.D. Pa. Jan. 11, 2018) (ECF 191) (“Plaintiffs, as the prevailing party, may file a fee petition before the Court surrenders jurisdiction. Pursuant to Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, 478 U.S. 546, 559 (1986), supplemented, 483 U.S. 711 (1987), the fee petition may include costs to monitor Defendant’s compliance with the permanent injunction.”); see also Access Now, Inc. v. WSP World, LLC, No. 1:17-cv-10976-DJC (D. Mass. Apr. 17, 2018) (ECF 11) (same); 
• The provision of whatever other relief the Court deems just, equitable and appropriate; and
• An Order retaining jurisdiction over this case until Defendant has complied with the Court’s Orders.