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SLADE v. ATHENA CLUB HOLDINGS, INC.

Filed February 19, 2021

Plaintiff

  • Name: Linda Slade
  • Filing date: February 19, 2021
  • State of filing: New York

Defendant

  • Name: Athena Club Holdings, Inc.
  • Website: www.athenaclub.com
  • Industry: Beauty
  • Summary: Athena Club manufactures and sells, via its website, women's beauty, shaving, wellness, and health products.

Case Summary

On February 19, 2021, Linda Slade filed a Complaint in New York Federal court against Athena Club Holdings, Inc.. Plaintiff Linda Slade alleges that www.athenaclub.com is not accessible per the WCAG 2.1, Section 508 accessibility standard(s).

Case Details

Plaintiff alleges issues in its Complaint including the following:

  • Lack of alt-text on graphics,
  • Inaccessible drop-down menus,
  • The lack of navigation links,
  • The lack of adequate prompting and labeling,
  • The denial of keyboard access,
  • Empty links that contain no text,
  • Redundant links where adjacent links go to the same URL address, and
  • The requirement that transactions be performed solely with a mouse. 
  • While Plaintiff and other screen-reader users are able to add the “Soft Face Wipes” to the cart, the cart confirmation window is not announced so they could not hear a confirmation or be aware that the action was successful.
  • After pressing the “Add to Cart” button, then the cart confirmation was displayed but focus did not move to it. Instead, focus moved down the page.
  • After Tabbing several times, focus did move into the window but it’s not labeled so users aren’t able to tell what they’re hearing.
  • If screen reader users somehow manage to access the Cart window, the Cart window is displayed but it is still not announced.
  • The Subscription section:
  • This section is skipped when using Tab key navigation. Dropdowns are required to be in the Tab Index.
  • Screen reader users could hear the radio buttons with arrow key navigation.
  • When attempting to change the frequency, the dropdown box announces that a user must click to select a value but it actually takes two clicks to select a value. o Once a value is selected then a confirmation is not announced.
  • Plaintiff did not hear a confirmation when she selected “One time only.”
    The field immediately after the Subscription section is the unlabeled Quantity dropdown which also creates confusion.
  • Plaintif had the same subscription issues and cart confirmation issue with the “Daily Multi.”

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

  • Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 
  • New York State Human Rights Law
  • New York City Human Rights Law
  • New York State Civil Rights Law
  • 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. Exec. Law § 296, et seq., and 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, Nakedpoppy.com, into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that
    mottandbow.com is readily accessible to and usable by blind individuals;
  • A declaration that Defendant owns, maintains and/or operates its website, mottandbow.com, in a manner which 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. Exec. Law § 296, et seq., and N.Y.C. Administrative Code § 8-107, et seq., and the laws of New York; 
  • An order certifying this case as a class action under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and her attorneys as Class Counsel;
  • An order directing Defendants to continually update and maintain its website to ensure that it remains fully accessible to and usable by the visually-impaired;
  • Compensatory damages in an amount to be determined by proof, including all applicable statutory damages and fines, to Plaintiff and the proposed class for violations of their civil
    rights under New York State Human Rights Law and City Law;
  • Plaintiff’s reasonable attorneys’ fees, expenses, and costs of suit as provided by state and federal law;
  • For pre- and post-judgment interest to the extent permitted by law; and
  • For such other and further relief which this court deems just and proper. 

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