JOEL PRICE, represented by Scott R. Dinin, Esq. Scott R. Dinin, P.A. 4200 NW 7th Avenue Miami, Florida 33127 Tel: (786) 431-1333 email@example.com Counsel for Plaintiff , filed suit in Federal of Florida on January 16, 2019 alleging that ESCALANTE – BLACK DIAMOND GOLF CLUB LLC d/b/a Black Diamond Ranch website www.blackdiamondranch.com is not accessible using the following testing standard(s): WCAG 2.0. ESCALANTE – BLACK DIAMOND GOLF CLUB LLC d/b/a Black Diamond Ranch is in the Hotel, Restaurant and Leisure industry.
The plaintiff alleges the following issues:
- Defendant‟s Website is not designed with consideration for Universal design. Universal design is necessary so visually impaired individuals who use screenreader software can access the Website5. Furthermore, the Website does not have the indication of website accessibility
- The Website was inaccessible so Plaintiff could not (among other things): a. find out about golf lessons, b. request membership and learn about the procedure to reserve a golf tee time, book a “stay and play” package or nightly house rental online, learn about the monthly happenings at the golf to enjoy a meal therein when spending a day recreating and golfing at the golf club.
The specific laws that ESCALANTE – BLACK DIAMOND GOLF CLUB LLC d/b/a Black Diamond Ranch allegedly violated include:
VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT
The plaintiff is seeking the following (Prayer for relief):
- The Court issue a declaratory judgment that Defendant has violated Plaintiff‟s rights as guaranteed by the ADA;
- The Court enter an Order requiring Defendant to update its www.historicaldubsdread.com website to remove barriers in order thatindividuals with visual disabilities can access the Website and effectively communicate with the Website to the full extent required by Title III of the ADA;
- The Court enter an Order requiring Defendant to clearly display the universal disabled logo and sign of website accessibility (standard WCAG 2.0) within its Website. Such a clear display is to insure that individuals who are disabled are aware of the availability of the accessible features of the www.blackdiamondranch.com website;
- The Court enter an Order compelling Defendant to contract with an independent ADA expert/consultant for the purposes of that ADA expert/consultant review Defendant‟s policies, practices and procedures for five years commencing from the date of the Court‟s Order to insure that Defendant is in compliance with the ADA;
- The Court enter an order requiring Defendant to retain an accessibility coordinator and a third party consultant to review and guide Defendant through their accessibility creation and procedures to insure compliance thereto;
- The Court enter an Order directing Defendant to evaluate its policies, practices and procedures toward persons with disabilities for suchreasonable time so as to allow Defendant to undertake and complete corrective procedures to the Website;
- The Court award damages in an amount to be determined at trial;
- The Court to award Plaintiff reasonable litigation expenses and attorneys‟ fees; and
- That the Court award such other and further relief as it deems necessary, just and proper.