Gomez v. G.F.B. Enterprises, LLC

Summary

On August 23, 2019, Andres Gomez filed a Complaint in Florida Federal court against G.F.B. Enterprises, LLC. Plaintiff Andres Gomez alleges that www.lexusofkendall.com is not accessible.

About the defendant

G.F.B. Enterprises, LLC owns and operates the Kendall Lexus new and used automobile dealership in Miami, Florida.

What the complaint says

The problems the plaintiff describes with the website.

• Websites do not properly interact with screen reader software in a manner that will allow the blind and visually impaired to enjoy the Websites,
• Nor do the sites provide other means to accommodate the blind and visually impaired.

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.

What the plaintiff asks for

What the plaintiff wants the court to order.

• A Declaratory Judgment that at the commencement of this action Defendant is in violation of the specific requirements of Title III of the ADA, described above, and the relevantimplementing regulations of the ADA, in that Defendant took no action that was reasonably calculated to ensure that the Websites were fully accessible to, and independently usable by, blind individuals;
• A permanent injunction pursuant to 42 U.S.C. § 12188(a)(2), 29 U.S.C.A. § 794a, 28 CFR § 36.504 (a), and 29 U.S.C.A. § 794a which directs Defendant to take all steps necessary to bringthe Websites into full compliance with the requirements set forth in the ADA, and both statutes' implementing regulations, so that the Websites are fully accessible to, and independently usable by, blind 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;
• An Order certifying the class proposed by Plaintiff, and naming Plaintiff as class representatives and appointing his counsel as class counsel;
• Payment of attorneys’ fees and costs incurred in this lawsuit;
• Payment of reasonable attorneys' fees, pursuant to 42 U.S.C. § 12205, 29 U.S.C.A. § 794a, and 28 CFR § 36.505; and,
• Whatever other relief the Court deems just, equitable and appropriate.