JAHODA v. RXEED, LLC

• Links on your webpages do not describe their purpose. As a result, blind users cannot determine whether they want to follow a particular link or select a particular button, making navigation an exercise of trial and error. For example, consumers who perceive content visually will recognize that the image at the bottom of your webpage is a link that provides information about being “DSCSA Compliant”. Unfortunately, the information in the image is not read by the screen reader. Therefore, a blind user cannot perceive what the purpose of the link is.
• The Website prevents screen reader users who navigate sequentially through content from accessing some primary content directly. For example, the website contains pictures that give information regarding the company and its business. The screen reader skips entirely this image. Therefore, the screen reader is unable to read the text or describe the nature of the picture. Sighted shoppers are able to read and learn from the picture unlike shoppers who are not partially sighted, visually impaired, or totally blind.

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 is 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 it to remain fully in compliance with the law—the specific injunctive relief requested by Plaintiff is described more fully in paragraph 10 above.
• Payment of actual, statutory, and other 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 People Against Police Violence v. City of Pittsburgh, 520 F.3d 226, 235 (3d Cir. 2008) (“This Court, like other Courts of Appeals, allows fees to be awarded for monitoring and enforcing Court orders and judgments.”); see also Gniewkowski v. Lettuce Entertain You Enterprises, Inc., Case No. 2:16-cv01898-AJS (W.D. Pa. Jan. 11, 2018) (ECF 191); see also Access Now, Inc. v. Lax World, LLC, No. 1:17-cv-10976-DJC (D. Mass. Apr. 17, 2018) (ECF 11)
• Whatever other relief the Court deems just, equitable and appropriate
• An Order retaining jurisdiction over this case until Defendant have complied with the Court’s Orders