Plaintiff
- Name: Erick Gathers
- Filing date: October 29, 2019
- State of filing: Massachusetts
Defendant
- Name: Stanley Black & Decker, Inc.
- Website: www.dewalt.com
- Industry: Consumer Goods
- Summary: Stanley Black & Decker, Inc.is an American manufacturer of industrial tools and household hardware, and a provider of security products and locks. One of its brands of power tools is DeWalt.
Case Summary
On October 29, 2019, Erick Gathers filed a Complaint in Massachusetts Federal court against Stanley Black & Decker, Inc.. Plaintiff Erick Gathers alleges that www.dewalt.com is not accessible.
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Defendant’s Website is so constructed that the pop-up for the email list is not in the proper focus order and is therefore skipped by screen readers
- Defendant’s Website also does not have accessible submenus
- Defendant’s Website includes a “buy now” button that is inaccessible for a screen-reader user
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:
- 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 their 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 their Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that their 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