LUCIUS v. DRYBAR HOLDINGS LLC

    Plaintiff

    • Name: Windy Lucius
    • Filing date: October 30, 2019
    • State of filing: Florida

    Defendant

    • Name: Drybar Holdings LLC
    • Website: www.thedrybar.com
    • Industry: Beauty
    • Summary: Drybar is a California-based chain of salons that solely provides a hair styling service known as blowouts.

    Case Summary

    On October 30, 2019, Windy Lucius filed a Complaint in Florida Federal court against Drybar Holdings LLC. Plaintiff Windy Lucius alleges that www.thedrybar.com is not accessible.

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Numerous portions of the website do not interface with and are not readable by SRS
    • SRS users cannot book an appointment or add a product to a cart, nor can users check out to pay for those items
    • SRS users also do not get notice of error messages during signup because those are not announced
    • Promotions and slider images are likewise not announced
    • Captions are not available for videos
    • Alternate descriptions are not available for videos
    • Indicators, such as an asterisk, to denote required fields are missing
    • SRS users are not notified when they add an item to the cart, nor can they access the cart through any means
    • The cart and confirmation message are displayed as a righthand slide-out which is not announced
    • The 15% promo pop-up does not receive focus so it is not announced by a screen reader nor is it accessible via a keyboard
    • SRS users are also not notified which fields contain errors during the login registration
    • The "Select Who Is Going?" dropdown, a required field to book an appointmen, is not readable by a screen reader
    • Audio description is not available for the "Drybar - Premier Blow Dry Bar And Blow Out Salon" video
    • The $10 off summer special ad is not announced by a screen reade

    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:

    • The Court issue a Declaratory Judgment that determines that the Defendant'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 Declaratory Judgment that determines that the Defendant'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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