Plaintiff
- Name: Windy Lucius
- Filing date: November 13, 2019
- State of filing: Florida
Defendant
- Name: Luxottica of America Inc.
- Website: www.sunglasshut.com
- Industry: Apparel
- Summary: Luxottica of America Inc. owns Sunglass Hut, an international retailer of sunglasses and sunglass accessories.
Case Summary
On November 13, 2019, Windy Lucius filed a Complaint in Florida Federal court against Luxottica of America Inc.. Plaintiff Windy Lucius alleges that www.sunglasshut.com is not accessible.
Case Details
Plaintiff alleges issues in its Complaint including the following:
- Numerous portions of the website do not interface with and are not readable by SRS
- The first product image does not have an image description. Instead of hearing the name of the image, screen reader users only hear "button".
- Indicators, such as an asterisk, to denote required fields are missing on the shopping cart form.
- Keyboard focus does not move to the sub-menu items. The result is that screen reader users cannot hear nor navigate through any of the sub-menu items.
- Shopping cart form errors are not announced to screen reader users. After clicking submit, a screen reader user will have to navigate through each field in order to hear if there was an issue.
- A confirmation slide-out is displayed to users when they successfully add a product to their cart. After a screen reader user adds a product, they do not receive a confirmation, instead, they hear "close". The 25% off ad has embedded text that is not accessible to screen reader users.
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:
- The Court issue a Declaratory Judgment that determines that the Defendant's website at the commencement of the subject lawsuit is in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
- The Court issue a Declaratory Judgment that determines that the Defendant's website is in violation of Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
- The Court issue a Declaratory Judgment that Defendant has violated the ADA by failing to monitor and maintain its website to ensure that it is readily accessible to and usable by persons with vision impairment
- That this Court issue an Order directing Defendant to alter its website to make it accessible to, and useable by, individuals with disabilities to the full extent required by Title III of the ADA
- That this Court enter an Order directing Defendant to evaluate and neutralize its policies and procedures towards persons with disabilities for such reasonable time so as to allow Defendant to undertake and complete corrective procedures
- That this Court enter an Order directing Defendant to continually update and maintain its website to ensure that it remains fully accessible to and usable by visually impaired individuals
- That this Honorable Court grant monetary damages to compensate the Plaintiff for the costs incurred when Defendant wrongfully failed to provide a service that was equally accessible to persons with vision disabilities to compensate for the emotional distress, embarrassment and experienced due to Defendant’s breach of its duties
- An award of attorney’s fees, costs and litigation expenses pursuant to 42 U.S.C. § 12205
- Such other relief as the Court deems just and proper, and/or is allowable under Title III of the Americans with Disabilities Act