LUCIUS v. GGR EAST COAST LLC

    Plaintiff

    • Name: Windy Lucius
    • Filing date: November 13, 2019
    • State of filing: Florida

    Defendant

    • Name: GGR East Coast LLC
    • Website: www.gianvitorossi.com
    • Industry: Apparel
    • Summary: GGR East Coast LLC owns Gianvita Rossi, a luxury shoe boutique.

    Case Summary

    On November 13, 2019, Windy Lucius filed a Complaint in Florida Federal court against GGR East Coast LLC. Plaintiff Windy Lucius alleges that www.gianvitorossi.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
    • instead of hearing the product descriptions, SRS users hear "unlabeled graphic" once
    • After adding an item to the cart, a slide out confirmation box is displayed. This is not read or accessible via a screen reader. Clicking the cart button shows the same, inaccessible slide out so SRS users cannot checkout
    • The "Filter By" button is not accessible by keyboard only. Keyboard-only and screen reader users are unable to filter products.
    • Skip navigation is not available.
    • The "limited availability" is presented whenever a selected size is out of stock, but this pop-up is not announced by a screen reader. A SRS user would have no idea they selected a size that's not available.
    • Slider images are announced as "zero link," "one link," etc.
    • Select a color is a required field that must be in the tab order. Instead of hearing the name of the link with tab, we heard "32 thousand 76 link." SRS users are unable to access this section or change a color with a screen reader or only a keyboard.
    • Audio description is not available for the video.
    • A "check availability" pop-up is displayed if a user selects a size that's out of stock. This pop-up is not announced by a screen reader so SRS users do not receive notice that an item is not in stock and cannot move forward

    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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