LUCIUS v. PARADISE GRILLING SYSTEMS, INC.

    Plaintiff

    • Name: Windy Lucius
    • Filing date: October 12, 2020
    • State of filing: Florida

    Defendant

    • Name: Paradise Grilling Systems, Inc.
    • Website: www.paradisegrillsdirect.com
    • Industry: Consumer Goods
    • Summary: Paradise Grills manufactures and sells grills and other outdoor kitchen euqipment at retail and via its website.

    Case Summary

    On October 12, 2020, Windy Lucius filed a Complaint in Florida Federal court against Paradise Grilling Systems, Inc.. Plaintiff Windy Lucius alleges that www.paradisegrillsdirect.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
    • "8 Steps to design your private island" shows users how to select and build a full backyard setup of bars, grills, etc. The issue is that the slider content is displayed as an unlabeled image.
    • Screen reader users can hear the controls on the page but not the content of the image.
    • Screen reader users cannot customize an order because none of the product options have accessible labels. For each item heard a checkbox was available but no associated onscreen labels were announced. Ex. the Finish titled "galaxy Black Granite for $650" is only announced as "radio button checked 7 of 15."
    • Skip navigation is not announced.
    • The left and right slider controls on the homepage slider are not labeled.
    • Users just hear clickable.
    • A promotional popup is shown on the homepage, but it is not announced, nor does it immediately receive focus, so screen reader users are not aware of it.
    • An ad on the homepage reads "No payment for or interest for 12 months." It also has a disclaimer and other text information but none of this is announced to screen reader users. They only hear "Finance Square."

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

    VIOLATION OF TITLE III OF THE AMERICANS WITH DISABILITIES ACT

    Plaintiff seeks the following relief by way of its Complaint:

    • TheCourt 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.
    • TheCourt 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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