WRIGHT v. RDX SPORTS LLC

• Defendant’s Website is so constructed that the promotional pop-up is not
  announced. The 10% off pop-up is displayed when a user visits this Website. Screen reader users do not hear the offer or the coupon code which is required to receive this discount. The user navigated from the top of the Website to the footer, which took over 50 Tab presses, and found that the pop-up did not receive focus nor was it announced. This means that the screen reader user
  will not gain the benefit of the discount. 
• Defendant’s Website’s size chart is not accessible to the screen reader user. The size chart for boxing gloves is a single image that has a blank alt tag, so it is not announced. Screen reader users cannot hear the information in this chart and therefore, do not know what size they will need for the product.
• Most importantly, the checkout form does not indicate required fields or show error suggestions. The first page of the checkout process shows a form with ten fields. None of the fields are announced as required, and none of the field labels receive focus or are announced by a screen reader. This includes the “Street Address *” line which was skipped. Only the hint text is announced, however, none of the hint text indicates that a field is required. Required fields are only made known to screen reader users after they submit the form and receive an error(s). Although an error suggestion is announced, it is not shown onscreen.

Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 

• 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 Website was 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 Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that its Website 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 them to remain fully in compliance with the law—the specific injunctive relief requested by Plaintiff is described more fully in paragraph 11 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 Gniewkowski v. Lettuce Entertain You Enterprises, Inc., Case No. 2:16-cv-01898-AJS (W.D. Pa. Jan. 11, 2018) (ECF 191) (“Plaintiffs, as the prevailing party, may file a fee petition before the Court surrenders jurisdiction. Pursuant to Pennsylvania v. Delaware Valley Citizens’ Council for Clean Air, 478 U.S. 546, 559 (1986), supplemented, 483 U.S. 711 (1987), the fee petition may include costs to monitor Defendant’s compliance with the permanent injunction.”); see also Access Now, Inc. v. Lax World, LLC, No. 1:17-cv-10976-DJC (D. Mass. Apr. 17, 2018) (ECF 11) (same);
• The provision of 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.