ACCESS NOW, INC., on behalf of its members; R. DAVID NEW; and LISA FRAZIER , represented by CARLSON LYNCH SWEET KILPELA & CARPENTER, LLP , filed suit in Federal of Pennsylvania on 2017-07-21 alleging that ALLEN EDMONDS CORPORATION website www.allenedmonds.com is not accessible using the following testing standard(s): WCAG 2.0, Section 508.
The plaintiff's issues with the site mentioned in the suit include:
- Denying individuals with visual disabilities opportunities to participate in and benefit from the goods, content, and services available on Allen Edmonds’ Website;
- affording individuals with visual disabilities access to Allen Edmonds’ Website that is not equal to, or effective as, that afforded others;
- utilizing methods of administration that (i) have the effect of discriminating on the basis of disability; or (ii) perpetuate the discrimination of others who are subject to common administrative control;
- denying individuals with visual disabilities effective communication, thereby excluding or otherwise treating them differently than others; and/or
- failing to make reasonable modifications in policies, practices, or procedures where necessary to afford its services, privileges, advantages, or accommodations to individuals with visual disabilities.
The plaintiff is seeking the following (Prayer for relief):
- A Declaratory Judgment that at the commencement of this action Defendant was in violation of the specific requirements of Title III of the ADA described above, and the relevant implementing regulations of the ADA, in that Defendant took no action that was reasonably calculated to ensure that its Website is fully accessible to, and independently usable by, individuals with visual disabilities;
- A permanent injunction pursuant to 42 U.S.C. § 12188(a)(2) and 28 CFR § 36.504 (a) which directs Defendant to take all steps necessary to bring its Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that its Website is fully accessible to, and independently usable by, blind individuals, and which further directs that the Court shall retain jurisdiction for a period to be determined to ensure that Defendant has adopted and is following an institutional policy that will in fact cause Defendant to remain fully in compliance with the law—the specific injunctive relief requested by Plaintiff is described more fully in paragraph 8 above.
- Payment of costs of suit;
- Payment of reasonable attorneys’ fees, pursuant to 42 U.S.C. § 12205 and 28 CFR § 36.505; and;
- The provision of whatever other relief the Court deems just, equitable and appropriate.
The specific laws that ALLEN EDMONDS CORPORATION allegedly violated include:
- COMPLAINT FOR PERMANENT INJUNCTION REQUIRING CHANGES TO CORPORATE POLICY AND THE ELIMINATION OF DIGITAL ACCESS BARRIERS PURSUANT TO 42 U.S.C. § 12188(a)(2)