United States District Court, W.D. Pennsylvania
J. Schwab United States District Judge.
Gniewskowski, R. David New, and Access Now, Inc.
(“Plaintiffs”), initiated this action on
September 6, 2016, against Party City Holdco Inc.
(“Defendant”), alleging that its Website is
inaccessible to visually impaired consumers in violation of
Title III of the Americans with Disabilities Act
(“ADA”), 42 U.S.C. § 12101 et seq.
Currently pending before this Court is Defendant's Motion
for Summary Judgment, along with a brief and concise
statement of material facts (“CSMF”) in support.
Doc. Nos. 100-02. Plaintiff filed a Response thereto, along
with a responsive CSMF and counterstatement of material
facts. Doc. Nos. 112-14. Defendant filed a Reply.
Doc. No. 118. This matter is now ripe for review.
and New are legally blind individuals who use screen reader
software (“SRS”) to access the Internet and read
website content. Compl. ¶ 18. Access Now is an advocacy
organization, of which New is president, that engages in
educational efforts and litigation to enforce compliance with
the ADA. Id. ¶ 11.
offers products for sale on its Website, which also allows
users to read product descriptions, reviews, and the like.
Id. ¶ 17. Plaintiffs accessed Defendant's
Website in the past and allegedly encountered a number of
“digital access barriers” that prevented them
from being able to fully use and enjoy the Website.
Id. ¶¶ 19-20. As relief, Plaintiff seek,
inter alia, a permanent injunction that would
a) that Defendant retain a qualified consultant acceptable to
Plaintiffs (“MutuallyAgreed Upon Consultant”) and
who shall assist it in improving the accessibility of its
Website so that it complies with version 2.0 of the Web
Content Accessibility Guidelines (“WCAG 2.0 AA”);
b) that Defendant work with the Mutually Agreed Upon
Consultant to ensure that all employees involved in website
development and content development be given web
accessibility training on a periodic basis calculated to
achieve ongoing compliance with WCAG 2.0 AA;
c) that Defendant work with the Mutually Agreed Upon
Consultant to perform an automated accessibility audit on a
periodic basis to evaluate whether Defendant's Website
continues to comply with WCAG 2.0 AA on an ongoing basis;
d) that Defendant work with the Mutually Agreed Upon
Consultant to perform end-user accessibility/usability
testing on a periodic basis with said testing to be performed
by individuals with various disabilities to evaluate whether
Defendant's Website continues to comply with WCAG 2.0 AA
on an ongoing basis; and,
e) that Defendant work with the Mutually Agreed Upon
Consultant to create an accessibility policy that will be
posted on its Website, along with an e-mail address and toll
free phone number to report accessibility-related problems.