MAHLBERG v. LUCKY'S MARKET 2 LP

Defendant’s Website was inaccessible, so Plaintiff could not (among other things):

• Find out about Lucky Market’s groceries to purchase online
• Shop and purchase Lucky Market’s deals and rewards online
• Learn about how to set up a shopping list in the Lucky Market’s website for the purpose of paying online and then going to pick it up or order delivery
• Defendant’s Website is not designed with consideration for Universal design

• Violations of the ADA

• Issue a declaratory judgment that Defendant has violated Plaintiff’s rights as guaranteed by the ADA
• Enter an Order requiring Defendant to update their https://www.luckysmarket.com/ website and app to remove barriers and be compliant that individuals with visual disabilities can access the Website and effectively communicate with the Website to the full extent required by Title III of the ADA
• Enter an Order requiring Defendant to update all electronic documents (coupons, offers and rewards) made available to the public to remove barriers in order that individuals with visual disabilities can access the electronic documents to effectively communicate with Defendant to the full extent required by Title III of the ADA
• Enter an Order for 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 the website and app which it provides on its electronic media into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that all Electronic documents are fully accessible to, and independently usable by, blind and low sighted 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 Defendant to remain fully in compliance with the law
• Enter an Order requiring Defendant to clearly display the sign of website accessibility (standard WCAG 2.0) within its Website. Such a clear display is to ensure that individuals who are disabled are aware of the availability of the accessible features of the website
• Enter an Order compelling Defendant to contract with an independent ADA expert/consultant for the purposes of that ADA expert/consultant review Defendant’s policies, practices and procedures for five years commencing from the date of the Court’s Order to ensure that Defendant is in compliance with the ADA
• The Court enter an order requiring Defendant to provide ongoing support for web accessibility by implementing a website accessibility ADA coordinator, a website application accessibility policy, and providing for website accessibility feedback to insure compliance thereto
• Enter an Order requiring Defendant retain a qualified consultant acceptable to Plaintiff (“Mutually Agreed Upon Consultant”) who shall assist it in improving the accessibility of its electronic documents so they are accessible to individuals with visual disabilities
• Require Defendant engage a (mutually agreed upon) Consultant to perform an automated accessibility audit on a periodic basis to evaluate whether Defendant’s electronic documents continue to be accessible to individuals with visual disabilities
• Enter an Order directing Defendant to evaluate its policies, practices and procedures toward persons with disabilities, for such reasonable time so as to allow Defendant to undertake and complete corrective procedures to the Website
• The Court award damages in an amount to be determined at trial
• The Court to award Plaintiff reasonable litigation expenses and attorneys’ fees
• That the Court award such other and further relief as it deems necessary, just and proper.