MAHLBERG v. PACIFIC SUNWEAR STORES LLC

    Plaintiff

    • Name: Raymond T. Mahlberg
    • Filing date: August 25, 2020
    • State of filing: Florida

    Defendant

    • Name: PACIFIC SUNWEAR STORES LLC
    • Website: www.pacsun.com
    • Industry: Apparel
    • Summary: Pacific Sun manufactures and sells casual apparel, swimwear, and accessories for men and women.

    Case Summary

    On August 25, 2020, Raymond T. Mahlberg filed a Complaint in Florida Federal court against PACIFIC SUNWEAR STORES LLC. Plaintiff Raymond T. Mahlberg alleges that www.pacsun.com is not accessible per the WCAG 2.0, WCAG 2.1 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Website is not designed with consideration for WCAG, Accessible Rich Internet Applications (ARIA) software language and Universal design. This means that images and embedded hyperlinks must include alternative description text (known as "alt-text") a description of the image that appears when a cursor floats over it or screen-reading software detects it. 
    • Plaintiff’s expectation of participating in PACSUN’s website, services and privileges was eliminated since he could not access Defendant’s https://www.pacsun.com/ website at all to
      avail himself of the latest services which Defendant offers to the public. 
    • Each a element must contain text or an img with an alt attribute. WCAG 2.0 F89.
    • All fieldset elements should be labeled with legend elements. WCAG 2.0 H71
    • The visual label must appear in the accessible name of links and controls. WCAG 2.0 A F96.
    • Content inserted with CSS is not read by some screen readers, and not available to people who turn off style sheets. WCAG 2.0 H87.
    • Duplicate id - the same ID is used on more than one element. WCAG 2.0 A 4.1.1

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

    42 USC 12182 Americans with Disabilities Act

    Plaintiff seeks the following relief by way of its Complaint:

    • That the Court issue a Declaratory Judgment that determines that the Defendants' website at the commencement of the subject lawsuit is in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.;
    • That the Court enter an Order directing Defendants to continually update and maintain their computer version of the defendant’s website and FURLA’s website to ensure that it remains fully accessible to and usable by visually impaired individuals;
    • That the Court issue an Injunctive relief order directing Defendants to alter their website to make it accessible to, and useable by, individuals with disabilities to the full extent required by Title III of the ADA;
    • That the Court enter an Order directing Defendants to evaluate and neutralize their policies and procedures towards persons with disabilities for such reasonable time so as to allow Defendants to undertake and complete corrective procedures.
    • That the Court enter an award of attorney’s fees, costs and litigation expenses pursuant to 42 U.S.C. § 12205; and Title III of the ADA Section 36.505

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