ANDRES GOMEZ, represented by s/Scott Dinin Scott R. Dinin, Esq. Scott R. Dinin, P.A. 4200 NW 7th Avenue Miami, Florida 33127 Tel: (786) 431-1333 firstname.lastname@example.org Counsel for Plaintiff , filed suit in Federal of Florida on 2019-01-23 alleging that MARION COUNTY, FLORIDA website www.marioncountyfl.org is not accessible using the following testing standard(s): .
The plaintiff's issues with the site mentioned in the suit include:
- When Plaintiff tried to interact and engage the Defendant through its Website, he encountered a Website that was not designed with accessibility (for the disabled) in mind.
- Defendant’s Website is not fully designed and integrated with consideration for Universal design. Universal design is necessary so visually impaired individuals who use screen reader software can access the Website.
- While the Website has a page on accessibility, it does not contain the universal sign of indicating full website accessibility for the visually and hearing disabled.
The plaintiff is seeking the following (Prayer for relief):
- Plaintiff Andres Gomez hereby demands judgment against Defendant Marion County, Florida including a declaratory judgment, pursuant to Rule 57 of the FRCP stating that the Defendant’s practices, policies, and procedures have subjected Plaintiff to discrimination in violation of Title II of the ADA and Section 504 of the Rehabilitation Act to permanently enjoin Defendant Marion County, Florida from any practice, policy and/or procedure which will deny Plaintiff equal access to the services, programs and activities offered by Defendant Marion County, Florida to residents and visitors and in participating in the government of Marion County, as well as:
- issue a declaratory judgment that Defendant has violated the Plaintiff’s rights as guaranteed by Title II of the ADA and Section 504 of the Rehabilitation Act;
- The Court enter an Order requiring Defendant to update its Website to interface with screen reader software in order that individuals with visual disabilities can access that Website to the full extent required by Title II of the ADA and Section 504 of the Rehabilitation Act;
- Pursuant to 42 U.S.C. §12188(a)(2), the Court enter an Order for permanent injunction 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 it is fully accessible to, and independently usable by, blind and low sighted 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 Court require Defendant engage a (mutually agreed upon) Consultant to perform an automated accessibility audit on a periodic basis to evaluate whether Defendant’s Website to be accessible to individuals with visual disabilities who require screen reader software to comprehend internet content;
- award damages in an amount to be determined at trial;
- award Plaintiffs’ reasonable litigation expenses and attorneys’ fees; and
- award such other and further relief as it deems necessary, just and proper.
The specific laws that MARION COUNTY, FLORIDA allegedly violated include:
VIOLATIONS OF TITLE II OF THE ADA
VIOLATION OF SECTION 504 OF THE REHABILITATION ACT