Plaintiff
- Name: John Mahoney
- Filing date: December 3, 2019
- State of filing: Pennsylvania
Defendant
- Name: Edge Fitness, LLC
- Website: www.theedgefitnessclubs.com
- Industry: Hotel, Restaurant and Leisure
- Summary: Edge Fitness owns and operates a chain of health and fitness clubs.
Case Summary
On December 3, 2019, John Mahoney filed a Complaint in Pennsylvania Federal court against Edge Fitness, LLC. Plaintiff John Mahoney alleges that www.theedgefitnessclubs.com is not accessible per the WCAG 2.1 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Many features on the Website lacks alt. text, which is the invisible code embedded beneath a graphical image.
- Many features on the Website also fail to Add a label element or title attribute for each field.
- The Website also contains a host of broken links, which is a hyperlink to a nonexistent or empty webpage.
Plaintiff asserts the following cause(s) of action in its Complaint:
- Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
- Declaratory Relief
Plaintiff seeks the following relief by way of its Complaint:
- A Declaratory Judgment that at the commencement of this action EDGE FITNESS 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 EDGE FITNESS took no action that was reasonably calculated to ensure that its Website is 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 it to
remain fully in compliance with the law—the specific injunctive relief requested by Plaintiff is described more fully in paragraph 8 above; - An award of costs and expenses of this action;
- 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;
- An order certifying the Class under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel; and
- Such other and further relief as this Court deems just and proper.