LUCIUS v. SHOPBLUSH, INC

    Plaintiff

    • Name: Windy Lucius
    • Filing date: September 22, 2020
    • State of filing: Florida

    Defendant

    • Name: Shopblush Inc.
    • Website: www.shopblush.com
    • Industry: Apparel
    • Summary: Shopblush Inc. is a women's fashion and clothing boutique.

    Case Summary

    On September 22, 2020, Windy Lucius filed a Complaint in Florida Federal court against Shopblush Inc. . Plaintiff Windy Lucius alleges that www.shopblush.com is not accessible.

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • the “Are you a Blush VIP Yet” image contains text about the VIP program but the alt tag is blank. The result is that screen reader users are not aware that this image is present.
    • The Quantity label is not associated with the appropriate field. The result is that screen reader users do not hear the label when they arrive on this field. They only hear "edit selected one."
    • The product color and product size selectors are not in the tab order and are not announced to screen reader users.
    • Skip content functionality is not presented to users. The functionality was not displayed onscreen nor was it announced. Users activated the tool with a mouse and still did not see any functionality onscreen or announcement about skip functionality.
    • Keyboard focus order is not working sequentially. The focus order does not go to the sub links of the header.

    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:

    • 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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