Plaintiff
- Name: Shael Cruz
- Filing date: July 22, 2020
- State of filing: New York
Defendant
- Name: Aqua-Lung America, Inc.
- Website: www.aquasphereswim.com
- Industry: Marine
- Summary: Aqua Lung makes scuba diving and snorkeling gear and related accessories for recreational, technical, and military customers
Case Summary
On July 22, 2020, Shael Cruz filed a Complaint in New York Federal court against Aqua-Lung America, Inc. . Plaintiff Shael Cruz alleges that www.aquasphereswim.com is not accessible per the WCAG 2.1 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- many features on the Website lacks alt. text
- Many features on the Website also fail to contain a proper label element or title attribute for each field.
- Many pages on the Website also contain the same title elements.
- The Website also contains a host of broken links
- Obvious link like shopping cart is not labeled properly.
- Previous and next buttons found on the website page allows the user to go to the next or previous slide of a product, lacks proper description.
- Products are offered on the website in different colors. The colors offered are not labeled to integrate with the screen reader.
- A Pop-up has been identified with a promotion “Take 10% off!” There is no indication that a Pop-Up is on the screen, therefore, negates the purpose of the Pop-Up itself and because the information is missing, screen readers are unable to interpret the Pop-Up and the user will miss the promotion and discounts that are being offered.
Plaintiff asserts the following cause(s) of action in its Complaint:
- VIOLATIONS OF THE ADA, 42 U.S.C. § 12181 et seq.
- VIOLATIONS OF THE NYCHRL
- 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.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 into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals
- A declaration that Defendant owns, maintains and/or operates its Website in a manner that 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.C. Administrative Code § 8-107, et seq., and the laws of New York
- An order certifying the Class and Sub-Classes under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel
- Compensatory damages in an amount to be determined by proof, including all applicable statutory and punitive damages and fines, to Plaintiff and the proposed class and subclasses for violations of their civil rights under New York City Human Rights Law and City Law
- Pre- and post-judgment interest
- An award of costs and expenses of this action together with reasonable attorneys’ and expert fees
- Such other and further relief as this Court deems just and proper.