LUCIUS v. MICHAEL KORS RETAIL, INC.

Plaintiff attempted to access and/or utilize Defendant's website, but was unable to, and she continues to be unable to enjoy full and equal access to the website and/or understand the content therein because numerous portions of the website do not interface with and are not readable by SRS. More specifically, features of the website that are inaccessible to the visually impaired include, but are not limited to, the following:

• when a user clicks the Size Guide link, then a popup is displayed immediately.
• When a user clicks the Fit Guide link, then a row of text is revealed but not announced. Instead of hearing the content that was displayed, screen reader users hear the next element which is the Size Guide link. The "delivery and returns information link" opens into a popup. This popup contains multiple sections, each has a button that must be pressed to expand a section and reveal the contents. Since these are actionable elements, they should be in the Tab order, but they are not. In fact, if a user presses the Tab key when this popup opens then they won't hear any of the content. Instead, focus jumps to the elements behind the popup.
• A popup is displayed on the homepage which asks for the user's email address, but this popup is not announced, nor does it receive focus so screen reader users are not aware of it.
• A pencil banner is shown at the top of the homepage. It informs users to visit a link before visiting a store.
• Screen reader users hear "blank" when they visit this banner instead of the message.
• The Size guide table does not announce both the header and row information for each cell. For example, the U.S. cell 8.5 is announced to users as "column 11 8.5." This image contains text and a button but none of the embedded information is announced or accessible to screen reader users.
• The CAPTCHA icon includes links for Privacy and Terms, but the icon and links are not labeled. Users only hear "blank."

VIOLATION OF TITLE III OF THE AMERICANS WITH DISABILITIES ACT

• The Court issue a DeclaratoryJudgment that determinesthat theDefendant'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.
• TheCourt issue a DeclaratoryJudgment that determinesthat theDefendant'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
• 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.