DONAHUE v. WEBER-STEPHEN PRODUCTS LLC

    Plaintiff

    • Name: Tera Donahue
    • Filing date: May 8, 2019
    • State of filing: Illinois

    Defendant

    • Name: Weber-Stephen Products, LLC
    • Website: www.weber.com/US/en/home/
    • Industry: Consumer Goods
    • Summary: Weber-Stephen Products LLC is a privately held American manufacturer of charcoal, gas and electric outdoor grills with related accessories.

    Case Summary

    On May 8, 2019, Tera Donahue filed a Complaint in Illinois Federal court against Weber-Stephen Products, LLC. Plaintiff Tera Donahue alleges that www.weber.com/US/en/home/ is not accessible.

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Website includes areas with insufficient contrast ratio for low vision users and colorblind users.
    • Website contains includes non-text content such as product prices, without the corresponding text to inform the user of the link’s purpose.

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

    • Title III of the ADA, 42 U.S.C. § 12181 et seq

    Plaintiff seeks the following relief by way of its Complaint:

    • 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
    • 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
    • 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-cv-01898-AJS (W.D. Pa. Jan. 11, 2018) (ECF 191) (same)
    • Whatever other relief the Court deems just, equitable and appropriate
    • An Order retaining jurisdiction over this case until Defendant has complied with the Court’s Orders

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