Plaintiff
- Name: Linda Slade
- Filing date: May 24, 2019
- State of filing: New York
Defendant
- Name: Lillian August Designs, Inc.
- Website: www.lillianaugust.com
- Industry: Consumer Goods
- Summary: Lillian August Designs, Inc. designs, manufactures, and sells home furnishing products.
Case Summary
On May 24, 2019, Linda Slade filed a Complaint in New York Federal court against Lillian August Designs, Inc. . Plaintiff Linda Slade alleges that www.lillianaugust.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:
- None of the main navigation bar links work (shop, locations, interior designs, to the trade, about, and what’s new), nor do the dropdowns.
- The “subscribe” button at the bottom of the page takes the blind visitor off the website with no way to return.
- Many of the links at the bottom of the page are not read by the screen-reader.
- No description of products is read and many of the products are discontinued
- Lacks accessible image maps and accessible forms
- Requires the use of a mouse to complete transactions
Plaintiff asserts the following cause(s) of action in its Complaint:
- Violation of 42 U.S.C. §§ 12181 et seq. – Title III of the Americans with Disabilities Act
- Violation of New York State Human Rights Law, N.Y. Exec. Law Article 15 (Executive Law § 292 et seq.)
- Violation of New York State Civil Rights Law, NY CLS Civ R, Article 4 (CLS Civ R § 40 et seq.)
- Violation of New York City Human Rights Law, N.Y.C. Administrative Code § 8-102, et seq
- 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, Lillianaugust.com, into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that Lillianaugust.com is readily accessible to and usable by blind individuals
- A declaration that Defendant owns, maintains and/or operates its website, Lillianaugust.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 his 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 i) For such other and further relief which this court deems just and proper.