Plaintiff
- Name: Thomas J. Olsen
- Filing date: February 25, 2019
- State of filing: New York
Defendant
- Name: We Superlative Conspiracy, Inc.
- Website: www.shopwesc.com
- Industry: Apparel
- Summary: We Superlative Conspiracy sells clothing and accessories at brick and mortar retail stores as well as through the website.
Case Summary
On February 25, 2019, Thomas J. Olsen filed a Complaint in New York Federal court against We Superlative Conspiracy, Inc.. Plaintiff Thomas J. Olsen alleges that www.shopwesc.com is not accessible per the WCAG 2.0 accessibility standard(s).
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Lack of alt-text for images. Images are labeled “Key Look 1,” for example.
- Frames have no titles.
- Button elements are empty and have no programmatically determined name.
- Radio button groups are no contained in a fieldset element.
- Form controls have no labels and no programmatically determined name.
- Form field labels are not unique on a page or enclosed in a fieldset that makes the legend unique.
- Webpages have duplicate IDs, which cause problems in screen readers.
- Several links on a page share the same link text but go to a different destination.
- Headings are not nested correctly.
- Webpages have markup errors.
Plaintiff asserts the following cause(s) of action in its Complaint:
- ADA, 42 U.S.C. § 12181 et seq.
- New York State Human Rights Law
- New York City Human Rights Law
- Declaratory Relief
Plaintiff seeks the following relief by way of its Complaint:
- A preliminary and permanent injunction to prohibit WESC from violating Title III of the ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York;
- A preliminary and permanent injunction requiring WESC to take all the steps necessary to make its Website into full compliance with the requirements set forth in Title III of the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
- A declaration that WESC owns, maintains and/or operates the Website in a manner that discriminates against the blind and which fails to provide access for persons with disabilities as required by ADA, 42 U.S.C. §§ 12182, et seq., N.Y. Exec. Law § 296, et seq., N.Y.C. Admin. Code § 8-107, et seq., and the laws of New York
- An order certifying the Class and Subclasses 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 damages, punitive damages and fines;
- Pre- and post-judgment interest;