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Accessibility.com, LLC

CLARK et al v. TRINATURK.COM, LT2, INC. et al

Filed May 6, 2019

Plaintiff

  • Name: Karen Clark Sofia Montano
  • Filing date: May 6, 2019
  • State of filing: Pennsylvania

Defendant

  • Name: TrinaTurk.com LT2 Inc.
  • Website: www.trinaturk.com
  • Industry: Apparel
  • Summary: Trina Turk is a designer and manufacturer of contempary women's garments.

Case Summary

On May 6, 2019, Karen Clark Sofia Montano filed a Complaint in Pennsylvania Federal court against TrinaTurk.com LT2 Inc. . Plaintiff Karen Clark Sofia Montano alleges that www.trinaturk.com is not accessible.

Case Details

Plaintiff alleges issues in its Complaint including the following:

  • Defendants’ website fails to provide an appropriate text alternative provided for the main banner image on the webpage. 
  • The image only provides the alternative text of “Welcome” which is read to the user. The remainder of the information which is visually presenting the summer collection to the user is inaccessible.
  • Defendants’ website is also difficult to navigate because the dress colors from the links are not programatically determinable

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 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 Plaintiffs are described more fully in paragraph 12 above.
  • A permanent injunction enjoining Defendant from continuing its retaliatory and coercive conduct
  • 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.

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