LUCIUS v. PETSMART, INC.

    Plaintiff

    • Name: Windy Lucius
    • Filing date: February 24, 2020
    • State of filing: Florida

    Defendant

    Case Summary

    On February 24, 2020, Windy Lucius filed a Complaint in Florida Federal court against Petsmart, Inc.. Plaintiff Windy Lucius alleges that The business has a website, www.petsmart.com, however, this case concerns the company's mobile app. is not accessible per the WCAG 2.0, WCAG 2.1 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • App did not integrate with Plaintiff’s software, nor was there any function within the app to permit access for visually impaired individuals through other means. 
    • A visible label is not programmatically associated with the buttons, so the user hears the same name repeated three times.
    • The text on the image which informs the user that they get 5% off is not accessible for VoiceOver users.

    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 app is 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 brings its app into full
      compliance with the requirements set forth in the ADA, and its implementing regulations, so that its app 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;
    • 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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