LUCIUS v. PALOMA BARCELO USA CORP

• required fields are not announced. All form fields are announced the same way even though two are mandatory. The guidelines require that each required field is announced as such.
• The Size Guide is displayed as a pop-up window. The close button in the pop-up window is the only item announced. Screen reader users cannot hear any of the size guide content; it is not announced when it is shown, and users cannot navigate to it.
• Skip functionality is not shown or announced on this website. The Size option is an actionable element that is required to be accessible by the Tab key, but it is not. As users navigate the page, focus is skipped from the Size Guide to the Add to Cart button.
• The size selector is not announced. If a user submits the "Create Account" form and issues are present, then the website will turn each field red that has an error and it will display error suggestions at the top of the form. Screen reader users have a different experience. They do not hear any error message after they submit an incomplete form. They do not hear that an error is present, nor do they hear that the form was not submitted. All of the identification cues are visual only and an equivalent notification is not available for screen reader users.
• The Search field is not labeled, it is announced only as "button." The Cart icon is announced as "[quantity], link." For example, users do not hear "cart" when they land on the cart icon, instead, they hear "two link." The cart confirmation window is displayed after a user successfully adds an item to their cart. The problem is that the product name and product image are announced as "blank" and the remove button is not labeled, it is announced only as "button." After submitting the Create Account form with errors (the Email and Password fields blank), focus moved to the First name field, which did not have an error, and announced that label again. When a user navigates to the fields with errors, the user hears only the labels announced.
• The error suggestions are not announced. Error suggestions are shown at the top of the page, but screen reader user are not aware that an error is present, they are not alerted that the form was not submitted, and they do not hear the error suggestions when they navigate to each field. A user has to search for the suggestions, and they would have to navigate back up the page, past the start of the form.

VIOLATION OF TITLE III OF THE AMERICANS WITH DISABILITIES ACT

• 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
• 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.