Gomez v. Marion County, Florida

Summary

On January 23, 2019, Andres Gomez filed a Complaint in Florida Federal court against Florida Marion County . Plaintiff Andres Gomez alleges that www.marioncountyfl.org is not accessible.

About the defendant

Marion County Florida is a local government entity, a body corporate and political subdivision of the State of Florida.

What the complaint says

The problems the plaintiff describes with the website.

• Online “on-demand” viewing of the Defendant’s Website is not an option available to persons with vision disabilities due to the fact that Defendant’s Website does not interface with screen reader software
• Website that was not designed with accessibility (for the disabled) in mind
• Website is not fully designed and integrated with consideration for Universal design

Legal claims

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

• Violations of Title II of the ADA
• Violation of Section 504 of the Rehabilitation Act

What the plaintiff asks for

What the plaintiff wants the court to order.

• 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
• Award such other and further relief as it deems necessary, just and proper