LUCIUS v. EDIBLE ARRANGEMENTS, LLC.

    Plaintiff

    • Name: Windy Lucius
    • Filing date: April 12, 2019
    • State of filing: Florida

    Defendant

    • Name: Edible Arrangements, LLC
    • Website: www.ediblearrangements.com
    • Industry: Food Products
    • Summary: Edible Arrangements, LLC manufactures and sells custom gift baskets with a focus on fruit, candy, and other food products.

    Case Summary

    On April 12, 2019, Windy Lucius filed a Complaint in Florida Federal court against Edible Arrangements, LLC. Plaintiff Windy Lucius alleges that www.ediblearrangements.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Website does not properly interact with screen reader software in a manner that will allow the blind and visually impaired to enjoy the website, 
    • Website does not provide other means to accommodate the blind and visually impaired.

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

    Americans with Disabilities Act, 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 Websites are fully accessible to, and independently usable by, blind individuals;
    • A permanent injunction pursuant to 42 U.S.C. § 12188(a)(2) and 28 CFR § 36.504 (a) 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 Defendant to remain fully in compliance with the law—the specific injunctive relief requested by Plaintiff is described more fully in Paragraph 6 above;
    • Payment of costs of suit;
    • Payment of reasonable attorneys’ fees, pursuant to 42 U.S.C. § 12205 and 28 CFR § 36.505; and,
    • The provision of whatever other relief the Court deems just, equitable and appropriate.

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