SLADE v. MOTT & BOW, INC.

    Plaintiff

    • Name: Linda Slade
    • Filing date: June 24, 2020
    • State of filing: New York

    Defendant

    • Name: Mott & Bow, Inc.
    • Website: www.mottandbow.com
    • Industry: Apparel
    • Summary: Mott & Bow is a fashion label manufacturing and selling men's and women's casual apparel, most notably denim jeans.

    Case Summary

    On June 24, 2020, Linda Slade filed a Complaint in New York Federal court against Mott & Bow, Inc.. Plaintiff Linda Slade alleges that www.mottandbow.com is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Lack of alt-text on graphics,
    • Inaccessible drop-down menus,
    • The lack of navigation links,
    • The lack of adequate prompting and labeling,
    • The denial of keyboard access,
    • Empty links that contain no text,
    • Redundant links where adjacent links go to the same URL address, and
    • The requirement that transactions be performed solely with a mouse. 
    • An overlay is presented as soon as the homepage is opened. This overlay requests that users select Male or Female. This overlay is not announced. Instead, Plaintiff heard the homepage items as if the overlay was not present
    • This overlay can only be closed with a mouse, but then the user is presented with a second overlay with a promo for a $20 gift card. This was also not announced
    • The currency dropdown was not announced
    • The banner at the top of the website was repeated many times. It appears to be a keyboard trap but you can eventually leave this banner if you continue to press the tab key over and over.
    • Many of the items in the Press carousel at the bottom of the page are inaccessible. For example, the press images are not announced
    • The seven product images are announced, and a user must tab through them, but none have accessible labels. Instead, a source file is announced for each which is confusing
    • Product options (color, waist, inseam, and Free try on size) are not in the tab order so they’re skipped
    • Since the options are not in the tab index, a user must switch to arrow key navigation but this also makes the values hard to use since all spaces and characters are announced one bit at a time
    • The first product color is announced but the second is announced as “unlabeled graphic” so Plaintiff was unable to change color.
    • Error messages are not announced so if a user misses any required fields then they won’t be aware of it. The Add to Cart button shakes and an error message is displayed but none of this is communicated to screen reader users
    • The help icon is not labeled. This is a critical button for blind visitors to the website.
    • Sold out product sizes are shown with a slash onscreen but this is not announced
    • If a user selects a size that is sold out then a new field is presented that requires a user to enter an email so they can be notified when the item is back in stock. This field was also not announced
    • Status messages are not announced

    Plaintiff asserts the following cause(s) of action in its Complaint:

    • Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 
    • New York State Human Rights Law
    • New York City Human Rights Law
    • New York State Civil Rights Law
    • Declaratory Relief

    Plaintiff seeks the following relief by way of its Complaint:

    • A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
    • A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its website, Nakedpoppy.com, into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that
      mottandbow.com is readily accessible to and usable by blind individuals;
    • A declaration that Defendant owns, maintains and/or operates its website, mottandbow.com, in a manner which discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities
      Act, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York; 
    • An order certifying this case as a class action under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and her attorneys as Class Counsel;
    • An order directing Defendants to continually update and maintain its website to ensure that it remains fully accessible to and usable by the visually-impaired;
    • Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff and the proposed class for violations of their civil
      rights under New York State Human Rights Law and City Law;
    • Plaintiff’s reasonable attorneys’ fees, expenses, and costs of suit as provided by state and federal law;
    • For pre- and post-judgment interest to the extent permitted by law; and
    • For such other and further relief which this court deems just and proper. 

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