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Accessibility.com, LLC

ROMERO v. EARLY AUTUMN, INC.

Filed October 5, 2020

Plaintiff

  • Name: Josue Romero
  • Filing date: October 5, 2020
  • State of filing: New York

Defendant

  • Name: Early Autumn, Inc.
  • Website: www.beekshop.com
  • Industry: Apparel
  • Summary: Early Autumn, Inc., under the beek brand name, manufactures and sells hand-crafted leather shoes and sandals.

Case Summary

On October 5, 2020, Josue Romero filed a Complaint in New York Federal court against Early Autumn, Inc.. Plaintiff Josue Romero alleges that www.beekshop.com is not accessible per the WCAG 2.1 accessibility standard(s).

Case Details

Plaintiff alleges issues in its Complaint including the following:

  • Lack of Alternative Text (“alt-text”), or a text equivalent. 
  • Empty Links That Contain No Text causing the function or purpose of the link to not be presented to the user. 
  • Redundant Links where adjacent links go to the same URL address which results in additional navigation and repetition for keyboard and screen-reader users
  • Linked Images Missing Alt-text, which causes problems if an image within a link contains no text and that image does not provide alt-text.
  • A pop-up has been identified where it opens a new window, offering 10% off your order for signing up with the company's website. The informational text contained in the pop up is not accessible, there is no description as to what the purpose of the pop up is. The user will not fully understand what entering your email address is for.
  • The company logo acts as a link designed to take the user from wherever they may be within the Defendant's website to the homepage of that site. For this website, the link is not properly labeled and where the link ("logo") will operate properly (taking the user back to the home page), the missing label prevents the user (visually impaired) to interpret the logo/link and in the case of using a screen reader, the screen reader software cannot properly interpret the logo/link effectively hiding the purpose of that link from the user.
  • Icon like search button is not labeled properly. The description given for the button is "link". This flaw bars the user from searching for a specific item. whole website.
  • Products have text that describe the item, whether it is in stock, details of the item and price. The item description and price is not labeled to integrate with screen reader and, therefore, overlooks important information that a customer would require to complete a purchase.
  • Site element like color options and size options are mislabeled. The multiple choices for colors are labeled as "link". There is no distinction between colors. Product sizes that are inaccessible, thus, baring the user from choosing the item of their choice. These issues bars the user from completing a purchase.

Plaintiff asserts the following cause(s) of action in its Complaint:

  • VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq.
  • VIOLATIONS OF THE NYSHRL
  • VIOLATIONS OF THE NEW YORK STATE CIVIL RIGHTS LAW
  • VIOLATIONS OF THE NYCHRL
  • DECLARATORY RELIEF

Plaintiff seeks the following relief by way of its Complaint:

  • A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York;
  • A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make its Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
  • A declaration that Defendant owns, maintains and/or operates its
    Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq., N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York
  • An order certifying the Class and Sub-Classes under Fed. R. Civ. P.
    23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel;
  • Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and subclasses for violations of their civil rights under New York City Human Rights Law and City Law;
  • Pre- and post-judgment interest;
  • An award of costs and expenses of this action together with
    reasonable attorneys’ and expert fees; and
  • Such other and further relief as this Court deems just and proper

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