LUCIUS v. AVB ENTERPRISE LLC

    Plaintiff

    • Name: Windy Lucius
    • Filing date: May 19, 2020
    • State of filing: Florida

    Defendant

    • Name: AVB Enterprise LLC d/b/a Bonefly.com
    • Website: www.bonefly.com
    • Industry: Pet Products
    • Summary: AVB Enterprise LLC operates Bonefly.com, which is retailer of active luxury dog items.

    Case Summary

    On May 19, 2020, Windy Lucius filed a Complaint in Florida Federal court against AVB Enterprise LLC d/b/a Bonefly.com . Plaintiff Windy Lucius alleges that www.bonefly.com is not accessible.

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • The Size field and Color fields are actionable elements that must be in the tab index but they are not. Screen-reader users will not be able to finalize a purchase since they cannot hear these fields
    • Screen-reader users cannot access the size chart because it is not in the tab index- A blind user will not hear this button announced under normal navigation methods. 
    • Product benefits are displayed as images, but they are not announced.
    • The size chart displays in a new window that is not announced and it doesn't receive focus.
    • The text in the product benefit images are not announced when a user Tabs to these fields using the arrow keys. A user must hover over each image with a pointer to hear the content.

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

    Plaintiff seeks the following relief by way of its Complaint:

    • TheCourt issue a Declaratory Judgment 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.
    • The Court 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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