LUCIUS v. ZIMMERMANN (USA), INC.

• product images have multiple labels. For example, when users open the white Zimmerman dress, they do not hear a label for this white dress. Instead,they also hear multiple other dresses, so users are unable to tell which label is accurate. The following description is announced for the white dress: "Woman in yellow lace long sleeve dress standing near body of water during daytime Woman in red and yellow floral dress standing on beach shore during daytime Woman in red and yellow floral long sleeve dress Woman in white lace dress." Screen reader users cannot hear or access the outfits that are new for Fall 2020. The Fall 2020 video shows approximately 39 new outfits and users are able to click each outfit to find the more product information. A secondary alternative, such as a full text description, is not present nor can screen reader users access the text content shown onscreen for each outfit. The Size Guide does not work on mobile.

• The size guide opens a pop-up window. At the bottom of the window is a message from the accessibility widget which informs users to press the "Tab" key in order to navigate but this is not announced and it's not an option on mobile for VoiceOver users. In Addition, focus immediately went behind the size guide pop-up and announced the scroll bar element and then other elements that were behind the pop-up.

• The content in the size guide was not announced on mobile. The Accessibility link in the footer does not open for screen reader users or keyboard-only users. When a screen reader user attempts to open the link, then the page refreshes, focus moves to the Instagram link and then it’s announced. If a user clicks the Accessibility link with a mouse, then a pop-up window is opened.

• The Javascript error, shown in the bottom left of the screen shot, is displayed only when a user Tabs to this link. Filter options do not have meaningful or clear labels. For example, option 38 under the Size-Shoes section is announced as " 38 Bar Five Thousand One Hundred And Ninety Eight Link."

• A hidden element on the mobile homepage announces to users that a screen reader mode is available. Once selected, then users are no longer able to navigate the page. Once activated, focus moved to the browser controls only and users are were unable to get back to the webpage. This occurred on the Chrome, FireFox, and Safari browsers using VoiceOver. VoiceOVer users cannot navigate the mobile website after they activate this mode. An audio description is not available for the Fall 2020 video.

• The options in "Store Locator" dropdown are announced as blank by a screen reader. This element is announced as a combo box so blind users will be led to believe that they must select one of the values in the dropdown, but all of the values are announced just as "blank."

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.