CARLTON KNOWLES, represented by LEE LITIGATION GROUP, PLLC, filed suit in Federal of Illinois on April 22, 2019 alleging that H W GILPIN ENTERPRISES, INC. website www.hawkvalleyretreat.com/ is not accessible using the following testing standard(s): WCAG 2.1, Section 508. H W GILPIN ENTERPRISES, INC. is in the Hotel, Restaurant and Leisure industry.
The plaintiff alleges the following issues:
- This case arises out of Defendant’s policy and practice of denying the blind access to the Website, including the goods and services offered by Defendant through the Website. Due to Defendant’s failure and refusal to remove access barriers to the Website, blind individuals have been and are being denied equal access to the Bed & Breakfast’s Website, as well as to the numerous goods, services and benefits offered to the public through the Website.
- The Website contains access barriers that prevent free and full use by Plaintiff and blind persons using keyboards and screen reading software. These barriers are pervasive and include, but are not limited to: unreadable text content; inaccessible forms; the lack of adequate prompting and labeling; the denial of keyboard access; and the lack of clear directions on where to provide personal guest information.
The specific laws that H W GILPIN ENTERPRISES, INC. allegedly violated include:
- Violation of 42 U.S.C. §§ 12181, et seq. — Title III of the Americans with Disabilities Act
- Declaratory Relief
The plaintiff is seeking the following (Prayer for relief):
- Preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq.;
- A preliminary and permanent injunction requiring Defendant to take all the steps necessary to make the Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that the Website is readily accessible to and usable by blind individuals;
- A declaration that Defendant owns, maintains and/or operates the Website in a manner which discriminates against the blind and which fails to provide access for persons with disabilities as required by Americans with Disabilities Act, 42 U.S.C. §§ 12182, et seq.;
- An order certifying this case as a class action under Fed. R. Civ. P. 23(a) & (b)(2) and/or (b)(3), appointing Plaintiff as Class Representative, and his attorneys as Class Counsel; 67. Plaintiff’s reasonable attorneys’ fees, statutory damages, expenses, and costs of suit as provided by state and federal law;
- For pre- and post-judgment interest to the extent permitted by law;
- And Such other and further relief as the Court deems just and proper.