FOREMAN v. BRAVA HOME, INC.

• Defendant’s Website is so constructed that the offer content in the promotional pop-up is not announced. A pop-up was displayed when the user was on the checkout screen. It offered users $100 off if they ordered within the next 2 hours. Focus moved into the pop- up when it was displayed, and the user could hear the buttons and part of the timer. The text content, "Take $100 off..." was not announced, and the user could not navigate to it. Each time the user attempted to navigate to it, the focus would get stuck in the countdown timer. The user could not access the content using any key combination, including Arrow key and Tab key navigation, and the content was not announced automatically. The result is that users will hear the buttons and timer, but they cannot hear the text offer.
• The rotating comparison element is not announced. The “How it Works” page has a section that compares a Brava machine's cooking time against a cast-iron skillet. The content in this element is not available elsewhere on the page. The content automatically begins to move when the page loads, and there are no visible controls to stop, pause, or hide the content. Assistive technologies do not announce the content, and screen reader users cannot navigate into it. Each time the user attempted to navigate to the content, the focus skipped the entire element and announced other items on the page.

Title III of the ADA, 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
• An Order retaining jurisdiction over this case until Defendant has complied with the Court’s Orders.