Plaintiff
- Name: Ronald C. Kolesar
- Filing date: January 30, 2020
- State of filing: Pennsylvania
Defendant
- Name: Ruggable LLC
- Website: www.ruggable.com
- Industry: Consumer Goods
- Summary: Ruggable LLC sells washable rugs.
Case Summary
On January 30, 2020, Ronald C. Kolesar filed a Complaint in Pennsylvania Federal court against Ruggable LLC. Plaintiff Ronald C. Kolesar alleges that www.ruggable.com is not accessible.
Case Details
Plaintiff alleges issues in its Complaint including the following:
- The Website prevents screen reader users who navigate sequentially through content from accessing some primary content directly
- The Website does not include sufficiently descriptive labels or instructions when content requires a user to submit information or activate particular features
- Defendant’s accessibility policies, if any, fail to provide any alternative text for this five-star rating information
- The Website uses color as the only means of conveying information, indicating an action, prompting a response, or distinguishing a visual element
- Links and buttons on the Website do not describe their purpose
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 Plaintiff is described more fully in paragraph 11 above
- 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 Access Now, Inc. v. Lax World, LLC, No. 1:17-cv-10976-DJC (D. Mass. Apr. 17, 2018) (ECF 11) (“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), and Garrity v. Sununu, 752 F.2d 727, 738-39 (1st Cir. 1984), the fee petition may include costs to monitor Defendant’s compliance with the permanent injunction.”); see also Gniewkowski v. Lettuce Entertain You Enterprises, Inc., Case No. 2:16-cv01898-AJS (W.D. Pa. Jan. 11, 2018) (ECF 191) (same)
- 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