FOLEY v. REUSCH USA, INC.

• Defendant’s Website is so constructed that the “Search” and “My Account” buttons are not accessible. These buttons are excluded from normal navigation. Since these are actionable elements, they are required to be in the tab order. Screen reader users that navigate the website using the standard Tab navigation will have difficulty accessing their account or using the search feature.
• Defendant’s Website excludes the size options from normal navigation. The size options do not have the proper role and are excluded from normal navigation. Screen reader users will miss this field if they use the standard navigation method (tab navigation). Since default values are entered for these fields by the website, a screen reader user could purchase these and not be aware of the size that was selected by the system.
• Defendant’s Website is so constructed that the status message is neither announced nor given keyboard focus. When a user adds an item to their cart there is a visual popup to confirm its success, but this pop-up is neither given keyboard-focus nor is it announced to users. Focus continues down the page behind the pop-up, from the Add to Cart button. A screen reader user will not be aware that the button worked and that the item was added to their cart. This may prevent some users from completing a purchase.

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 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 requested by Plaintiffs is described more fully in paragraph 12 above
• Payment of actual, statutory, and other 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); see also Access Now, Inc. v. Lax World, LLC, No. 1:17-cv-10976-DJC (D. Mass. Apr. 17, 2018) (ECF 11)
• 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