Andres Gomez v. City of North Miami

Summary

On February 14, 2019, Andres Gomez filed a Complaint in Florida Federal court against City of North Miami. Plaintiff Andres Gomez alleges that www.northmiamifl.gov is not accessible.

About the defendant

The City of North Miami is a municipal government in Miami-Dade County, Florida

What the complaint says

The problems the plaintiff describes with the website.

• Website is not fully designed and integrated with consideration for Universal design.
• Website does not have the sign of website accessibility.

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

• Americans with Disabilities Act, 42 U.S.C. § 12181 et seq.
• Rehabilitation Act, 29 U.S.C. § 701, et seq.

What the plaintiff asks for

What the plaintiff wants the court to order.

• 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;
• 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;
• 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;
• Damages in an amount to be determined at trial;
• Reasonable litigation expenses and attorneys‟ fees; and
• Such other and further relief as it deems necessary, just and proper.