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Accessibility.com, LLC

ANNE WEST V. ICON HEALTH AND FITNESS INC.

Filed April 29, 2019

Plaintiff

  • Name: Anne West
  • Filing date: April 29, 2019
  • State of filing: Connecticut

Defendant

Case Summary

On April 29, 2019, Anne West filed a Complaint in Connecticut Federal court against ICON Health & Fitness Inc.. Plaintiff Anne West alleges that www.iconfitness.com, www.ifit.com, www.nordictrack.com, www.proform.com, www.freemotionfitness.com, www.weiderfitness.com, www.weslo.com, www.healthrider.com, www.getgoldsgym.com, www.workoutwarehouse.com, and www.myiconfitness.com is not accessible per the WCAG 2.0 accessibility standard(s).

Case Details

Plaintiff alleges issues in its Complaint including the following:

  • Websites have features which are accessible to those who
    perceive material visually, but not to the visually-disabled. 
  • Websites do not have clear headings and labels making it
    impossible for a user such as the Plaintiff complete a purchase.

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 Websites are fully accessible to, and independently usable by,
    individuals with visual disabilities;
  • 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 bring its Websites into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that its Websites are 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 it to remain fully in compliance with the law—the specific injunctive relief Plaintiff requests is described more
    fully in paragraph 12 above.
  • Payment of actual, statutory, and punitive damages, as the Court deems proper;
  • Payment of costs of suit;
  • Payment of reasonable attorneys’ fees, pursuant to 42 U.S.C. § 12205 and 28 CFR § 36.505, including costs of monitoring Defendant’s compliance with the judgment (see Access Now, Inc. v. Lax World, LLC, No. 1:17-cv-10976-DJC (D. Mass. Apr. 17, 2018) (ECF 11) (“Plaintiffs, as the prevailing party, may file a fee petition before the Court surrenders jurisdiction.
  • Whatever other relief the Court deems just, equitable and appropriate; and
  • An Order retaining jurisdiction over this case until Defendant has complied with the Court’s Orders.

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