LUCIUS v. ALI G INC.

    Plaintiff

    • Name: Windy Lucius
    • Filing date: September 11, 2020
    • State of filing: Florida

    Defendant

    • Name: Ali G. Inc. d/b/a Montce Swim
    • Website: www.montce.com
    • Industry: Apparel
    • Summary: Montce Swim specializes in fit-focused bikinis & swimwear.

    Case Summary

    On September 11, 2020, Windy Lucius filed a Complaint in Florida Federal court against Ali G. Inc. d/b/a Montce Swim. Plaintiff Windy Lucius alleges that www.montce.com is not accessible.

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • the quantity field is visually displayed in a way so that users instantly know what it is. This field includes a + and - button and a default quantity of 1. The issue is that this is not communicated to screen reader users
    • The website displays a text alert when a user selects a size that is not available, however, this alert is not announced. 
    • Skip navigation is announced but it does not work. 
    • The interest-free payment option opens into a pop-up box that is not announced.
    • The size guide opens into a new window that a user must close to return to the main website. The issue is that the button used to close the window is not labeled so users just hear "button" without any context as to its purpose so they may be prevented from returning to the main website.

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

    • VIOLATION OF TITLE III OF THE AMERICANS WITH DISABILITIES ACT

    Plaintiff seeks the following relief by way of its Complaint:

    • TheCourt issue a DeclaratoryJudgment that determinesthat theDefendant's 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.
    • TheCourt issue a DeclaratoryJudgment that determinesthat theDefendant's website is in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
    • The Court issue a Declaratory Judgment that Defendant has violated the ADA by failing to monitor and maintain its website to ensure that it is readily accessible to and usable by persons with vision impairment
    • That this Court issue an Order directing Defendant to alter its website to make it accessible to, and useable by, individuals with disabilities to the full extent required by Title III of the ADA
    • That this Court enter an Order directing Defendant to evaluate and neutralize its policies and procedures towards persons with disabilities for such reasonable time so as to allow Defendant to undertake and complete corrective procedures
    • That this Court enter an Order directing Defendant to continually update and maintain its website to ensure that it remains fully accessible to and usable by visually impaired individuals
    • An award of attorney’s fees, costs and litigation expenses pursuant to 42 U.S.C. § 12205
    • Such other relief as the Court deems just and proper, and/or is allowable under Title III of the Americans with Disabilities Act.

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