Plaintiff
- Name: Windy Lucius
- Filing date: September 30, 2020
- State of filing: Florida
Defendant
- Name: Osklen Miami Corp.
- Website: www.osklen.com
- Industry: Apparel
- Summary: Osklen Miami Corp. is a family clothing retailer.
Case Summary
On September 30, 2020, Windy Lucius filed a Complaint in Florida Federal court against Osklen Miami Corp.. Plaintiff Windy Lucius alleges that www.osklen.com is not accessible.
Case Details
Plaintiff alleges issues in its Complaint including the following:
- the Men’s Collection page shows the available sizes for each product and the wish list icon. The sizes are not in the tab index and not announced and the wish list icon is announced as an unlabeled link.
- Some elements are not in the tab order so they are not announced.
- The Size element and all of its values are not in the tab index so they are skipped.
- The email newsletter signup in the footer has three checkboxes that do not have accessible labels. A user just hears "checkbox one of three not checked" for example. They are not able to discern the purpose of these checkboxes.
- The 10% off pop-up is not announced when it is displayed. I
- The Size element opens to reveal a size chart but the chart is a single, unlabeled image that is not announced nor is the content in the image announced.
Plaintiff asserts the following cause(s) of action in its Complaint:
- VIOLATION OF TITLE III OF THE AMERICANS WITH DISABILTITIES ACT
Plaintiff seeks the following relief by way of its Complaint:
- The Court 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.
- 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.
