TATUM-RIOS v. TASC PERFORMANCE, INC.

    Plaintiff

    • Name: Lynnette Tatum-Rios
    • Filing date: August 20, 2020
    • State of filing: New York

    Defendant

    • Name: Tasc Performance, Inc.
    • Website: www.tascperformance.com
    • Industry: Apparel
    • Summary: Tasc Performance manufactures and sells athletic apparel and accessories, sourced from sustainable fabrics, for men and women.

    Case Summary

    On August 20, 2020, Lynnette Tatum-Rios filed a Complaint in New York Federal court against Tasc Performance, Inc.. Plaintiff Lynnette Tatum-Rios alleges that www.tascperformance.com is not accessible per the WCAG 2.1 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Lack of alt-text for images.
    • Webpages have duplicate IDs which cause problems in screen
      readers.
    • Form controls have no labels. 
    • Tables are not properly labeled with row and column headers
    • Button elements are empty and have no programmatically
      determined name.
    • Approximately 20 headings are empty
    • Several links on a page share the same link text, but go to different destinations.

    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
    • Declaratory Relief

    Plaintiff seeks the following relief by way of its Complaint:

    • A preliminary and permanent injunction to prohibit Defendant 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 Defendant to take all the steps necessary to make its 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 Defendant owns, maintains and/or operates 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; 

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