Open Access for All Inc. et al v. Cinemex Holdings USA, Inc.

Summary

On January 30, 2019, Open Access for All, Inc. and Andres Gomez filed a Complaint in Florida Federal court against Cinemax Holdings USA, Inc. d/b/a CMX Cinemas. Plaintiff Open Access for All, Inc. and Andres Gomez alleges that www.cmxcinemas.com is not accessible per the WCAG 2.0 accessibility standard(s).

About the defendant

CMX Cinemas is a movie theater chain offering restuarant, bar, and in-seat dining options.

What the complaint says

The problems the plaintiff describes with the website.

• Inability to shop for and purchase movie tickets online
• Inability to learn about the movie options and/or showtimes available

Legal claims

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

• Violations of the ADA

What the plaintiff asks for

What the plaintiff wants the court to order.

• 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.cmxcinemas.com website to remove barriers in order that individuals 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 logo8 and indication of website accessibility9 (standard WCAG 2.0) within its 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 ensure 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 its accessibility creation and procedures to insure compliance thereto
• The Court enter an order requiring Defendant to provide ongoing support for web accessibility by implementing a website accessibility coordinator, a website application accessibility policy, and providing for website accessibility feedback to insure compliance thereto
• The Court enter an Order directing Defendant to evaluate its policies, practices and procedures toward persons with disabilities, for such reasonable 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
• That the Court award such other and further relief as it deems necessary, just and proper