UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

PALM BEACH COUNTY DIVISION

ISSAC ABDINOOR, :

:

Plaintiff. :

:

v. : Case No.:

:

LEWIS RENTAL PROPERTIES LIMITED

PARTNERSHIP :

:

Defendant. :

/ :

COMPLAINT

COMES NOW, the above-named Plaintiff, ISSAC ABDINOOR (hereinafter

“Plaintiff”), by and through its undersigned counsel, hereby files its Complaint against

Defendant, LEWIS RENTAL PROPERTIES LIMITED PARTNERSHIP., (“Defendant”) for Injunctive Relief, and attorney’s fees, litigation expenses, and costs pursuant to

the Americans with Disabilities Act, 42 U.S.C. '12181 et seq. (“ADA”), and in support

thereof states as follows:

INTRO

1. This is an action that arises out of violations committed by Defendant against Plaintiff. Defendant is denying Plaintiff equal access to the goods and services Defendant provides to its

non disabled customers through their website, www.lewisrentalproperties.com (“The Website”).

Case 9:20-cv-80801-WPD Document 1 Entered on FLSD Docket 05/15/2020 Page 1 of 13
2. The Website provides to the public a wide array of services including gift guides and various

online shopping opportunities for mens jewelry. Yet, The Website contains many access barriers that make it difficult, if not impossible, for Plaintiff to even purchase on the website.

Defendant thus excludes Plaintiff from full and equal participation in the growing internet

economy that is a fundamental part of the common marketplace and daily life.

3. Defendant has also failed to make reasonable modifications to its website despite Plaintiffs

request. Defendant has made no attempt to explore removal of access barriers for the Plaintiff and those similarly situated and thus continues to exclude Plaintiff from full and equal

enjoyment of The Website. 

PARTIES

4. Plaintiff is a Florida resident. He grew up in South Florida and currently lives in Fort

Lauderdale, Florida. He is over eighteen years of age and is sui juris. He qualifies as an individual with disabilities as defined by the ADA. Specifically, Plaintiff is visually impaired

and therefore unable to fully engage in and enjoy the major life activity of seeing.

5. Plaintiff also utilizes the internet and successfully reads computer materials and/or accesses

and comprehends internet website information with software designed for the visually impaired. For instance, Plaintiff often utilizes the ZOOM Screen Reader software, which is one

of the most popular Screen Reader Softwares ("SRS").

6. Plaintiff, who prides himself on being independent is also an advocate of the rights of similarly situated disabled persons for the purpose of asserting his civil rights and monitoring, ensuring, and determining whether places of public accommodation and/or their websites are in

compliance with the ADA.

Case 9:20-cv-80801-WPD Document 1 Entered on FLSD Docket 05/15/2020 Page 2 of 13
7. Defendant owns, leases, leases to, or operates a place of public accommodation as defined by

the ADA and the regulations implementing the ADA, 28 CFR 36.201(a) and 36.104. Upon

information and belief, Defendant owns, operates, or leases a chain of industrial properties in

the United States. Specifically, Defendant operates stores in Florida.

8. Defendant constructed, or caused to be constructed, a website located at

www.lewisrentalproperties.com (hereinafter "website"). Defendant is the owner, operator, lessor and/or lessee of the website. This website supports, is an extension of, is in conjunction

with, is complementary and supplemental to, the above-referenced public accommodation.

For instance, the website provides information about Defendant's public accommodation, including information about the goods, services, accommodations, privileges, benefits and facilities available to patrons. On information and belief, Defendant also continually and/or periodically updates and maintains the website and www.lewisrentalproperties.com has impeded

Plaintiff his access to Defendant’s physical book stores.

JURISDICTION AND VENUE

9. This is an action for declaratory and injunctive relief pursuant to Title III of the ADA, 42

U.S.C. §12181, et seq. And 28 U.S.C. §2201-02. This Court has jurisdiction pursuant to 28

U.S.C. §1331. 

10. This Court has jurisdiction over this action pursuant to 28 U.S.C. §1391(b) and (c) in that a

substantial part of the events giving rise to the action occurred and continue to occur in this

district and/or the Defendant conducts substantial and regular business within the district. 

Defendant operates for profit, 24 hours a day, 7 days a week, an interactive website to solicit

and sell their services to the public living in the district.

11. Venue is proper in the Southern District of Florida.

Case 9:20-cv-80801-WPD Document 1 Entered on FLSD Docket 05/15/2020 Page 3 of 13
12. Defendant has been doing business within the Southern District of Florida. Defendant has

been and is continuing to commit the alleged acts herein in the Southern District of Florida,

has been violating the rights of consumers in the Southern District of Florida and has been

causing injury to consumers in the Southern District of Florida. A substantial part of the acts

and omissions giving rise to the Plaintiffs claims have occurred in the Southern District of

Florida. 

13. Plaintiff resides in the Southern District of Florida. Plaintiff is a Florida resident. Plaintiff

has experienced an injury in the Southern District of Florida as a result of Defendant’s inaccessible website.

BACKGROUND AND FACTUAL ALLEGATIONS

14. The website is an extension of Defendant's place of public accommodation. The website is a

service, facility, privilege, advantage, benefit and accommodation of Defendant's place of accommodation. The website also provides access to the goods, services, facilities, privileges,

advantages or accommodations of the place of public accommodation. As such, the website

is governed by the following provisions:

a. 42 U.S.C. Section 12182(a) provides: "No individual shall be discriminated

against on the basis of disability in the full and equal enjoyment of the goods, services,

facilities, privileges, advantages, or accommodations of any place of public

accommodation by any person who owns, leases (or leases to), or operates a place of

public accommodation."

b. 42 U.S.C. Section 12182(b)(1)(A)(i) provides: "It shall be discriminatory to subject an individual or class of individuals on the basis of a disability or disabilities of such

individual or class, directly, or through contractual, licensing, or other arrangements, to a

Case 9:20-cv-80801-WPD Document 1 Entered on FLSD Docket 05/15/2020 Page 4 of 13
denial of the opportunity of the individual or class to participate in or benefit from the

goods, services, facilities, privileges, advantages, or accommodations of an entity[.]"

c. 42 U.S.C. Section 12182(b)(1)(A)(ii) provides: "It shall be discriminatory to afford an individual or class of individuals, on the basis of a disability or disabilities of

such individual or class, directly, or through contractual, licensing, or other arrangements

with the opportunity to participate in or benefit from a good, service, facility, privilege,

advantage, or accommodation that is not equal to that afforded to other individuals[.]"

d. 42 U.S.C. Section 12182(b)(1)(A)(iii) provides: "It shall be discriminatory to provide an individual or class of individuals, on the basis of a disability or disabilities of

such individual or class, directly, or through contractual, licensing, or other arrangements

with a good, service, facility, privilege, advantage, or accommodation that is different or

separate from that provided to other individuals, unless such action is necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to

others[.]"

e. 42 U.S.C. Section 12182(b)(1)(B) provides: "Goods, services, facilities,

privileges, advantages, and accommodations shall be afforded to an individual with a

disability in the most integrated setting appropriate to the needs of the individual."

f. 42 U.S.C. Section 12182(b)(1)(C) provides: "Notwithstanding the existence of

separate or different programs or activities provided in accordance with this section, an

individual with a disability shall not be denied the opportunity to participate in such programs or activities that are not separate or different."

Case 9:20-cv-80801-WPD Document 1 Entered on FLSD Docket 05/15/2020 Page 5 of 13
g. 42 U.S.C. Section 12182(b)(2)(A)(ii) describes as discrimination: "a failure to

make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that

making such modifications would fundamentally alter the nature of such goods, services,

facilities, privileges, advantages, or accommodations[.]"

h. 42 U.S.C. Section 12182(b)(2)(A)(iii) describes as discrimination: "a failure to

take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals

because of the absence of auxiliary aids and services, unless the entity can demonstrate

that taking such steps would fundamentally alter the nature of the good, service, facility,

privilege, advantage, or accommodation being offered or would result in an undue burden[.]"

15. As the owner or operator of the subject website, Defendant is required to comply with the

ADA and the provisions cited above. This includes an obligation to create and maintain a

website that is accessible to and usable by visually impaired persons so that they can enjoy full and equal access to the website and the content therein.

16. Plaintiff attempted to access and/or utilize Defendant's website, but was unable to, and

continues to be unable to enjoy full and equal access to the website and/or understand the

content therein because numerous portions of the website do not interface with and are

not readable by SRS. The features of the website that are inaccessible to the visually impaired include, but are not limited to, the following:

Case 9:20-cv-80801-WPD Document 1 Entered on FLSD Docket 05/15/2020 Page 6 of 13
a. Defendant’s website contains graphics, links, headings, functions, forms

and text with information that is not fully readable and/or compatible with SRS.

b. Defendant’s website does not contain an ADA button/link to adjust the

website format to one that is fully readable but SRS and /or to change the font.

c. The website contains skipped heading level errors. What it means is that a

heading level is skipped. Why it is important is because headings provide document

structure and facilitate keyboard navigation by users of assistive technology. These users

may be confused or experience difficulty navigating when heading levels are skipped.

d. Website has a lack of alternative text (“alt-text”), or a text equivalent. Alttext is invisible code embedded beneath a graphic or image on a website. For a website to

be accessible via a screen-reader, it requires that alt-text be coded with each graphic or

image so that screen-reading software can speak the alt-text where a sighted user would

see the pictures. Alt-text does not change the visual presentation, but instead a text box

(which is invisible) appears to the screen-reading software program and vocalizes a description of the image when a screen-reader user has reached the image or graphic using

the “tab,” “up arrow” and/or “down arrow” keys. When alt-text is missing on these

graphics and images, it prevents screen-readers from accurately vocalizing a description

of the graphics or images to the user.

e. The website contains images with non-descriptive and uninformative alttext or that altogether lack a textual alternative to communicate the content of the images.

Case 9:20-cv-80801-WPD Document 1 Entered on FLSD Docket 05/15/2020 Page 7 of 13
COUNT I

VIOLATION OF 42 U.S.C.§12181-TITLE III OF THE AMERICANS WITH DISABILITIES ACTAS IT RELATES TO WEBSITE ACCESSIBILITY

17. Plaintiff re-alleges and incorporates the foregoing allegations as though fully set forth

herein.

18. Section 302(a) of Title III of the Americans with Disabilities Act of 1990, 42 U.S.C.

§§12101, et seq., provides:

“No individual shall be discriminated against on the basis of disability in the full

and equal enjoyment of the goods, services, facilities, privileges, advantages, or

accommodations of any place of public accommodation by any person who owns,

leases (or leases to), or operates a place of public accommodation.”

19. Defendant’s “brick and mortar” stores are sales establishments and public accommodations under 42 U.S.C. §§12181(7)(B). The Defendant’s website is a service, privilege or

advantage of customers of Defendant’s “brick and mortar” stores. The Defendant’s website is a service that is used by and integrated with these stores. 

20. Under Section 302(b)(1) of Title III of the ADA, it is unlawful discrimination to deny

individuals with disabilities or a class of individuals with disabilities the opportunity to

participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodation of an entity.

21. Under Section 302(b)(2) of Title III of the ADA, it is unlawful discrimination to deny

individuals with disabilities an opportunity to participate in or benefit from the goods,

services, facilities, privileges, advantages, or accommodation, which is equal to the opportunities afforded to other individuals.

22. Under Section 302(b)(2) of Title III of the ADA, unlawful discrimination includes, but is

not limited to:

Case 9:20-cv-80801-WPD Document 1 Entered on FLSD Docket 05/15/2020 Page 8 of 13
a failure to make reasonable modifications in policies, practices, or procedures,

when such modifications are necessary to afford such goods, services, facilities,

privileges, advantages, or accommodations to individuals with disabilities, unless

the entity can demonstrate that making such modifications would fundamentally

alter the nature of such goods, services, facilities, privileges, advantages, or accommodations; and a failure to take such steps as may be necessary to ensure that

no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary

aids and services, unless the entity can demonstrate that taking such steps would

fundamentally alter the nature of the good, service, facility, privilege, advantage,

or accommodation being offered or would result in an undue burden.

23. Defendant has discriminated and continues to discriminate against Plaintiff, and the others who are similarly situated, by denying access to, and full and equal enjoyment of the

goods, services, facilities, privileges, advantages and/or accommodations of

www.lewisrentalproperties.com in derogation of the ADA. 

24. Specifically, Plaintiff, and those similarly situated, do not have use of a monitor, nor a

computer mouse due to their disability. Instead of reading web pages or viewing the images, Plaintiff listens to the web through a software program known as a screen reader. A

screen reader converts text into speech using an integrated voice synthesizer and the

computer's sound card to output the content of a website to the computer's speakers.

25. Plaintiff, and those similarly situated, in employing their screen readers, have been denied access to www.lewisrentalproperties.com based solely on their disability, prior to the

filing of this lawsuit. Specifically, www.lewisrentalproperties.com fails to provide “alternative text” which would provide a “screen reader” program the ability to communicate

via synthesized speech what is visually displayed on the website. 

26. The Defendant’s website accessibility barriers include, without limitation, the following.

a. Defendant’s website contains graphics, links, headings, functions, forms and

text with information that is not fully readable and/or compatible with SRS.

b. Defendant’s website does not contain an ADA button/link to adjust the website

format to one that is fully readable but SRS and /or to change the font.

c. Website has a lack of alternative text (“alt-text”), or a text equivalent.

Case 9:20-cv-80801-WPD Document 1 Entered on FLSD Docket 05/15/2020 Page 9 of 13
d. The website contains images with non-descriptive and uninformative alt-text or

that altogether lack a textual alternative to communicate the content of the images.

e. The website contains Document language missing.

26. As more specifically set forth above, Defendant has violated the above cited provisions of

the ADA by failing to interface its website with software utilized by visually impaired individuals. Thus, Defendant has violated the following provisions either directly or

through contractual, licensing or other arrangements with respect to Plaintiff and other

similarly situated individuals on the basis of their disability:

a. by depriving them of the full and equal enjoyment of the goods, services,

facilities, privileges, advantages, or accommodations of its place of public

accommodation (42 U.S.C. Section 12182(a));

b. in the denial of the opportunity to participate in or benefit from the goods,

services, facilities, privileges, advantages, or accommodations (42 U.S.C. Section

12182(b)(1)(A)(i));

c. in affording them the opportunity to participate in or benefit from a good,

service, facility, privilege, advantage, or accommodation that is not equal to that afforded

to other individuals (42 U.S.C. Section 12182(b)(1)(A)(ii)); by providing them a good,

service, facility, privilege, advantage, or accommodation that is different or separate from

that provided to other individuals, unless such action is necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to others (42 U.S.C. Section 12182(b)(1)(A)(iii));

Case 9:20-cv-80801-WPD Document 1 Entered on FLSD Docket 05/15/2020 Page 10 of 13
d. by failing to afford them goods, services, facilities, privileges, advantages,

and accommodations in the most integrated setting appropriate to the needs of the individual (42 U.S.C. Section 12182(b)(1)(B));

e. notwithstanding the existence of separate or different programs or

activities provided in accordance with this section, by denying them the opportunity to

participate in such programs or activities that are not separate or different. (42 U.S.C.

Section 12182(b)(1)(C));

f. by a failure to make reasonable modifications in policies, practices, or

procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the

entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations (42

U.S.C. Section 12182(b)(2)(ii));

g. by a failure to take such steps as may be necessary to ensure that they are

not excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can

demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered or would result in an

undue burden (42 U.S.C. Section 12182(b)(2)(iii)).

27. Plaintiff is deprived of the meaningful choice of freely visiting and utilizing the same accommodations readily available to the general public and is deterred and discouraged

from doing so. By maintaining a website with violations, Defendant deprives plaintiff the

equality of opportunity offered to the general public.

Case 9:20-cv-80801-WPD Document 1 Entered on FLSD Docket 05/15/2020 Page 11 of 13
28. Plaintiff has attempted to revisit the website and utilize the website, but as long as those

violations exist he will be unable to successfully have access to the website and physical

stores and will have to suffer additional discrimination.

29. By continuing to operate its website with discriminatory conditions, Defendant deprives

Plaintiff the full and equal enjoyment of the goods, services, facilities, privileges and/or

accommodations available to the general public. 

30. Plaintiff has suffered and will continue to suffer direct and indirect injury as a result of

the Defendant’s discrimination until the Defendant is compelled to comply with the requirements of the ADA.

31. As an example, Plaintiff has suffered, and continues to suffer, frustration and humiliation

as the result of the discriminatory conditions present at Defendant's website.

32. Plaintiff has reasonable grounds to believe that he will continue to be subjected to discrimination in violation of the ADA by the Defendant. Plaintiff desires to access the website to avail himself of the benefits, advantages, goods and services therein, and/or to assure himself that this website is in compliance with the ADA so that he and others similarly situated will have full and equal enjoyment of the website without fear of discrimination.

33. The Plaintiff and all others similarly situated will continue to suffer such discrimination,

injury and damage without the immediate relief provided by the ADA as requested herein.

PRAYER FOR RELIEF

WHEREFORE, PLAINTIFF requests this court to grant the following relief:

Case 9:20-cv-80801-WPD Document 1 Entered on FLSD Docket 05/15/2020 Page 12 of 13
(a) Enter a preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act, 42 U.S.C. §§12101, et seq. and

requiring Defendant to take the steps necessary to make

www.lewisrentalproperties.com readily accessible to and usable by blind individuals;

(b) Enter a declaration that Defendant is owning, maintaining and/or operating

their website in a manner which discriminates against the blind and which

fails to provide access for persons with disabilities as required by law;

(c) Damages in an amount to be determined by proof, including all applicable

statutory damages;

(d) Plaintiff’s reasonable attorney’s fees, expenses, and costs of suit, including

expert fees, as provided by law;

(e) For pre-judgment interest to the extent permitted by law; and

(f) Such other and further relief as the Court deems just and proper.

DEMAND FOR JURY TRIAL

Plaintiff demands trial by jury on all issues so triable.

Dated this 15th day of March, 2020.

Respectfully submitted,

THE ROSS LAW GROUP PLLC

By: /s/ Morgan J. McGrath

Morgan J. McGrath, Esq.

Florida Bar No.: 98685

mmcgrath@therosslawgroup.com

msukar@therosslawgroup.com

Case 9:20-cv-80801-WPD Document 1 Entered on FLSD Docket 05/15/2020 Page 13 of 13