WILSON v. MAN OUTFITTERS, INC.s

• Defendant’s Website is so constructed that the promotional pop-up is not accessible. The pop-up, offering special promotions, is displayed immediately when a user visits
  the homepage but is not announced to screen reader users. The user attempted to navigate to it using a keyboard but focus did not move to the pop-up. The user could hear the menu items and elements behind the pop-up, but was not informed of the content of the pop-up.
• The product amount section on Defendant’s Website is not labeled. The onscreen label for the Amount section is not announced to screen reader users. The user will hear
  “main landmark dollar twenty-five radio button checked one of seven.” The six remaining card amounts are not in the tab order. Any element that requires user input must be in the tab order, and in this case, only the first value is in the tab order, with the other six options not announced. 
• Similar to the issues with the promotional pop-up, the size guide is not announced to the user. The size guide link opens a pop-up which shows the size information. Screen reader users are not notified when this pop-up is displayed and focus does not immediately move into this pop-up as required. Screen reader users are unable to navigate into the pop-up. The user did not hear any alert that a pop-up was displayed after opening the link for the size guide. Instead, the user heard other elements on the page behind the pop-up. 

Americans with Disabilities Act, 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), 28 CFR § 36.504(a), N.Y. Exec. Law § 296, et seq., and the laws of New York, 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 11 above.
• Payment of actual, statutory, and punitive damages, as the Court deems proper;
• Payment of costs of suit;
• Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff for violations of her civil rights under New York State Human Rights Law;
• 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 Access Now, Inc. v. Lax World, LLC, No. 1:17-cv-10976-DJC (D. Mass. Apr. 17, 2018) (ECF 11) (“Plaintiffs, as the prevailing party, may file a fee petition before the Court surrenders jurisdiction. Pursuant to Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, 478 U.S. 546, 559 (1986), supplemented, 483 U.S. 711 (1987), and Garrity v. Sununu, 752 F.2d 727, 738-39 (1st Cir. 1984), the fee petition may include costs to monitor Defendant’s compliance with the permanent injunction.”); see also Gniewkowski v. Lettuce Entertain You Enterprises, Inc., Case No. 2:16-cv01898-AJS (W.D. Pa. Jan. 11, 2018) (ECF 191) (same);
• Whatever other relief the Court deems just, equitable and appropriate; and
• An Order retaining jurisdiction over this case until Defendant has complied with the Court’s Orders.