Plaintiff
- Name: Lynette Tatium-Rios
- Filing date: September 24, 2019
- State of filing: New York
Defendant
- Name: Sunspel Mercer St. LLC Sunspel US, Inc.
- Website: www.sunspel.com/us
- Industry: Apparel
- Summary: Sunspel is a British garment manufacturer and retailer, founded in England in 1860.
Case Summary
On September 24, 2019, Lynette Tatium-Rios filed a Complaint in New York Federal court against Sunspel Mercer St. LLC Sunspel US, Inc. . Plaintiff Lynette Tatium-Rios alleges that www.sunspel.com/us is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Lack of alt-text for images.
- Button elements are empty and have no programmatically determined name.
- Form controls have no labels and no programmatically determined name.
- Forms have fields without label elements or title attributes.
- Webpages have duplicate IDs, which cause problems in screen readers.
- Webpages have markup errors.
- Radio buttons are not contained in a fieldset element.
- Form field labels are not unique on a page or enclosed in a fieldset with a legend that makes the label unique.
- Links use general text like “click here” which don’t explain the link’s purpose.
- Several links on a page share the same link text but go to different destinations.
- Webpages have markup errors
Plaintiff asserts the following cause(s) of action in its Complaint:
- VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq
- VIOLATIONS OF THE NYSHRL
- VIOLATIONS OF THE NYCHRL
- DECLARATORY RELIEF
Plaintiff seeks the following relief by way of its Complaint:
- A preliminary and permanent injunction to prohibit Defendants from violating Title III of the ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York
- A preliminary and permanent injunction requiring Defendants to take all the steps necessary to make their Website into full compliance with the requirements set forth in Title III of the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals
- A declaration that Defendants own, maintain and/or operate the Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York
- An order certifying the Class and Subclasses under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and her attorneys as Class Counsel
- Compensatory damages in an amount to be determined by proof, including all applicable statutory damages, punitive damages and fines
- Pre- and post-judgment interest
- An award of costs and expenses of this action together with reasonable attorneys’ and expert fees
- Such other and further relief as this Court deems just and proper.
