FIALLO v. TRANSPARENT LABS, LLC

•  Website is so constructed that the certificate of analysis documents are not accessible. The certificate of analysis PDF first announces the column headers to the user, as shown in the red bar in the image below. Focus then moves to the top of the document and users must navigate through all of the other text content on the screen. Focus then returns to the table, where each line is announced with no connection to the specified column headers on the page. Instead, users only hear a single announcement for each line, with all content announced at one time so that users are unable to associate the text field with the column heading.
• The Website contains product options that are not accessible by the tab key. Actionable items, such as links and buttons, must be accessible by the tab key. When a user tabs through the product page, they can hear the product name and reviews, but the quantity field is completely skipped. This field does not receive focus and is not announced when navigating with the tab key; instead focus skips to the flavor selector, which does not have a label.
•  Website contains images in the homepage carousel that are not labeled. A source file is announced instead of the image name. The text content contained within the image is not announced either. The hop now link is not announced, does not receive focus, and does not open.

Title III of the ADA, 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. Lax 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
• An Order retaining jurisdiction over this case until Defendant has complied with the Court’s Orders.