UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PATRICIA KENNEDY, Individually,

Plaintiff,

v.

AMNEEL OF TALLAHASSEE, INC. d/b/a

BEST WESTERN TALLAHASSEE-DOWNTON

INN & SUITES, a Florida Corporation,

Defendant.

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Case No.

COMPLAINT

(Injunctive Relief Demanded)

Plaintiff, PATRICIA KENNEDY, Individually, on her behalf and on behalf of all other

individuals similarly situated, (sometimes referred to as “Plaintiff”), hereby sues Defendant,

AMNEELOFTALLAHASSEE,INC. d/b/a BEST WESTERN TALLAHASSEE-DOWNTON INN

&SUITES, a Florida Corporation,(sometimes referred to as “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”).

1. Plaintiff is a resident of Broward County, Florida, is sui juris, and qualifies

as an individual with disabilities as defined by the ADA. Plaintiff is unable to

engage in the major life activity of walking more than a few steps without assistive

devices. Instead, Plaintiff is bound to ambulate in a wheelchair or with a cane or

other support and has limited use of her hands. She is unable to tightly grasp, pinch

and twist of the wrist to operate. When ambulating beyond the comfort of her own

home, Plaintiff must primarily rely on a wheelchair. Plaintiff requires accessible

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handicap parking spaces located closet to the entrances of a facility. The handicap

and access aisles must be of sufficient width so that she can embark and disembark

from a ramp into her vehicle. Routes connecting the handicap spaces and all features,

goods and services of a facility must be level, properly sloped, sufficiently wide and

without cracks, holes or other hazards that can pose a danger of tipping, catching

wheels or falling. These areas must be free of obstructions or unsecured carpeting

that make passage either more difficult or impossible. Amenities must be sufficiently

lowered so that Plaintiff can reach them. She has difficulty operating door knobs,

sink faucets, or other operating mechanisms that tight grasping, twisting of the wrist

or pinching. She is hesitant to use sinks that have unwrapped pipes, as such pose a

danger of scraping or burning her legs. Sinks must be at the proper height so that she

can put her legs underneath to wash her hands. She requires grab bars both behind

and beside a commode so that she can safely transfer and she has difficulty reaching

the flush control if it is on the wrong side. She has difficulty getting through

doorways if they lack the proper clearance.

2. Plaintiff is an advocate of the rights of similarly situated disabled persons and

is a "tester" for the purpose of asserting her civil rights and monitoring, ensuring, and

determining whether places of public accommodation and their websites are in

compliance with the ADA.

3. According to the county property records, Defendant owns a place of public

accommodation as defined by the ADA and the regulations implementing the ADA,

28 CFR 36.201(a) and 36.104. The place of public accommodation that Defendant

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owns is a place of lodging known as BEST WESTERN TALLAHASSEEDOWNTON INN & SUITES, located at 2016 Apalachee Pkwy, Tallahassee, FL

32301, and is located in the County of LEON COUNTY, FLORIDA (hereinafter

"Property").

4. Venue is properly located in the NORTHERN DISTRICT OF FLORIDA 

because the injury occurred in this district. 

5. Pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1343, this Court has been given

original jurisdiction over actions which arise from Defendant’s violations of Title III

of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. See also 28 U.S.C.

§ 2201 and § 2202.

6. As the owner of the subject place of lodging, Defendant is required to comply

with the ADA. As such, Defendant is required to ensure that it's place of lodging is

in compliance with the standards applicable to places of public accommodation, as

set forth in the regulations promulgated by the Department Of Justice. Said

regulations are set forth in the Code Of Federal Regulations, the Americans With

Disabilities Act Architectural Guidelines ("ADAAGs"), and the 2010 ADA

Standards, incorporated by reference into the ADA. These regulations impose

requirements pertaining to places of public accommodation, including places of

lodging, to ensure that they are accessible to disabled individuals. 

7. More specifically, 28 C.F.R. Section 36.302(e)(1) imposes the following

requirement: 

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Reservations made by places of lodging. A public accommodation that owns,

leases (or leases to), or operates a place of lodging shall, with respect to reservations

made by any means, including by telephone, in-person, or through a third party - 

(I)Modifyits policies, practices, or procedures to ensure that individuals with

disabilities can make reservations for accessible guest rooms during the same

hours and in the same manner as individuals who do not need accessible

rooms; 

(ii) Identify and describe accessible features in the hotels and guest rooms

offered through its reservations service in enough detail to reasonably permit

individuals with disabilities to assess independently whether a given hotel or

guest room meets his or her accessibility needs; 

(iii) Ensure that accessible guest rooms are held for use by individuals with

disabilities until all other guest rooms of that type have been rented and the

accessible room requested is the only remaining room of that type; 

(iv) Reserve, upon request, accessible guest rooms or specific types of guest

rooms and ensure that the guest rooms requested are blocked and removed

from all reservations systems; and 

(v) Guarantee that the specific accessible guest room reserved through its

reservations service is held for the reserving customer, regardless of whether

a specific room is held in response to reservations made by others. 

8. These regulations became effective March 15, 2012.

9. Defendant, either itself or by and through a third party, implemented,

operates, controls and or maintains a website for the Property which contains an

online r e s e r v a ti o n s s yst em. This websit e is loc a t ed a t

https://www.bestwestern.com/en_US/book/hotel-rooms.10214.html?iata=001718

80&ssob=BLBWI0004G&cid=BLBWI0004G:google:gmb:10214. Defendant also

utilizes third party online reservations systems, including booking.com, hotels.com,

orbitz.com, priceline.com, agoda.com and expedia.com. Defendant's online

reservations system is hereinafter referred to as "website" or "websites". The purpose

of this website is so that members of the public may reserve guest accommodations

and review information pertaining to the goods, services, features, facilities, benefits,

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advantages, and accommodations of the Property. As such, this website is subject

to the requirements of 28 C.F.R. Section 36.302(e). 

10. Prior to the commencement of this lawsuit, Plaintiff visited the website on

August 19, 2019, August 25, 2019, August 27, 2019, September 1, 2019, September

2, 2019, September 5, 2019, September 7, 2019 and September 9, 2019 for the

purpose of reviewing and assessing the accessible features at the Property and

ascertain whether theymeet the requirements of 28 C.F.R. Section 36.302(e) and her

accessibility needs. However, Plaintiff was unable to do so because Defendant failed

to comply with the requirements set forth in 28 C.F.R. Section 36.302(e). As a result,

Plaintiff was deprived the same goods, services, features, facilities, benefits,

advantages, and accommodations of the Property available to the general public.

Specifically, the website indicates that the hotel offers various kinds of sleeping

accommodations, including a reference to one room labeled "Mobility Access - 2

Double Beds" with the statement "Mobility Accessible" in the description. No

information was given as to whether or where it offers compliant/accessible roll-in

showers, tubs, built in seating, commodes, grab bars, sinks, wrapped pipes, sink and

door hardware, properlylocated amenities, sufficient maneuvering spaces, compliant

doors, furniture, controls and operating mechanisms. The website does not contain

any information as to whether all goods, facilities and services at the property are

connected by a compliant accessible route, nor does the website contain any

information as to the accessibility of routes connecting all the features of the hotel,

the transaction counter, parking, and common area restrooms. The website does not

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give any information as to whether accessible rooms are on the ground floor or if an

elevator is provided within an accessible route. Nor does the website give any

information regarding the pool/pools having an accessible lift. The website as well

as third party booking sites state that the hotel has an outdoor swimming pool, free

public parking, vending machine, business center, nearby fitness center, computer

station; however, there is no information as to whether any or all of these hotel

features are accessible. Booking.com had reference to two rooms labeled "Double

Room - DisabilityAccess/Non-Smoking"with no information as to what makes these

rooms accessible; hotel amenities, room types and amenities are all listed in detail;

no information was given about accessibility in the hotel other than the statement

"Facilities for disabled guests". Expedia.com had reference to one room labeled

"Standard Room, 2 Double Beds, Accessible, Bathtub" with the statement

"Wheelchair accessible" listed in the description; hotel amenities, room types and

amenities are all listed in detail; no information was given about accessibility in the

hotel other than the statements "Accessible bathroom" and "In-room accessibility". 

Hotels.com had reference to one room labeled "Standard Room, 2 Double Beds,

Accessible, Bathtub" with the statement "Wheelchair accessible" listed in the

description; hotel amenities, room types and amenities are all listed in detail; no

information was given about accessibility in the hotel other than the statements

"Accessible bathroom" and "In-room accessibility". Orbitz.com had reference to one

room labeled "Standard Room, 2 Double Beds, Accessible, Bathtub" with the

statement "Wheelchair accessible" listed in the description; hotel amenities, room

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types and amenities are all listed in detail; no information was given about

accessibility in the hotel other than the statements "Accessible bathroom" and

"In-room accessibility". Agoda.com had no option to book an accessible room; hotel

amenities, room types and amenities are all listed in detail; no information was given

about accessibility in the hotel other than the statement "Facilities for disabled

guests". Priceline.com had reference to one room labeled "Double Room - Disability

Access/Non-Smoking" with no information as to what makes this room accessible;

hotel amenities, room types and amenities are all listed in detail; no information was

given about accessibility in the hotel other than the statements "Handicapped

rooms/facilities" and "Accessible rooms/facilities". 

11. In the near future, Plaintiff intends to revisit Defendant's website and/or

online reservations system in order to test it for compliance with 28 C.F.R. Section

36.302(e) and/or to utilize the website to reserve a guest room and otherwise avail

herself of the goods, services, features, facilities, benefits, advantages, and

accommodations of the Property. 

12. Plaintiff is continuously aware that the subject website remains noncompliant and that it would be a futile gesture to revisit the website as long as those

violations exist unless she is willing to suffer additional discrimination.

13. The violations present at Defendant's website infringePlaintiff'sright to travel

free of discrimination and deprive her of the information required to make

meaningful choices for travel. Plaintiff has suffered, and continues to suffer,

frustration and humiliation as the result of the discriminatory conditions present at

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Case 4:19-cv-00473-RH-CAS Document 1 Filed 09/25/19 Page 7 of 11
Defendant's website. By continuing to operate a website with discriminatory

conditions, Defendant contributes to Plaintiff's sense of isolation and segregation and

deprives Plaintiff the full and equal enjoyment of the goods, services, facilities,

privileges and/or accommodations available to the general public. By encountering

the discriminatory conditions at Defendant's website, and knowing that it would be

a futile gesture to return to the website unless she is willing to endure additional

discrimination, Plaintiff is deprived of the same advantages, privileges, goods,

services and benefits readily available to the general public. By maintaining a

website with violations, Defendant deprives Plaintiff the equality of opportunity

offered to the general public.

14. Plaintiff has suffered and will continue to suffer direct and indirect injury as

a result of Defendant’s discrimination until Defendant is compelled to modify its

website to comply with the requirements of the ADA and to continually monitor and

ensure that the subject website remains in compliance. 

15. Plaintiff has a realistic, credible, existing and continuing threat of

discrimination from Defendant’s non-compliance with the ADA with respect to this

website. Plaintiff has reasonable grounds to believe that she will continue to be

subjected to discrimination in violation of the ADA by Defendant. 

16. Defendant has discriminated against Plaintiff by denying her access to, and

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

and/or accommodations of the subject website.

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17. Plaintiff and all others similarly situated will continue to suffer such

discrimination, injuryand damage without the immediate relief provided bythe ADA 

as requested herein.

18. Defendant has discriminated against Plaintiff by denying her access to full

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

accommodations of its place of public accommodation or commercial facility in

violation of 42 U.S.C. § 12181 et seq. and 28 CFR 36.302(e). Furthermore,

Defendant continues to discriminate against Plaintiff, and all those similarly situated

by failing to make reasonable modifications in policies, practices or procedures,

when such modifications are necessaryto afford all offeredgoods, services, facilities,

privileges, advantages or accommodations to individuals with disabilities; and by

failing to take such efforts that 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.

19. Plaintiff is without adequate remedy at law and is suffering irreparable harm. 

Plaintiff has retained the undersigned counsel and is entitled to recover attorney’s

fees, costs and litigation expenses from Defendant pursuant to 42 U.S.C. § 12205 and

28 CFR 36.505.

20. Pursuant to 42 U.S.C. § 12188, this Court is provided with authority to grant

Plaintiff Injunctive Relief, including an order to require Defendant to alter the subject

website to make it readily accessible and useable to Plaintiff and all other persons

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with disabilities as defined by the ADA and 28 C.F.R. Section 36.302(e); or by

closing the website until such time as Defendant cures its violations of the ADA.

WHEREFORE, Plaintiff respectfully requests:

a. The Court issue a Declaratory Judgment that determines that Defendant at the

commencement of the subject lawsuit is in violation of Title III of the Americans

with Disabilities Act, 42 U.S.C. § 12181 et seq. and 28 C.F.R. Section 36.302(e).

b. Injunctive relief against Defendant including an order to revise its website to comply

with 28 C.F.R. Section 36.302(e) and to implement a policy to monitor and maintain

the website to ensure that it remains in compliance with said requirement.

c. An award of attorney’s fees, costs and litigation expenses pursuant to 42 U.S.C.

§ 12205.

d. Such other relief as the Court deems just and proper, and/or is allowable under

Title III of the Americans with Disabilities Act.

Respectfully Submitted,

By: /s/ Kimberly A. Corkill, Esq.

Kimberly A. Corkill, Of Counsel

Thomas B. Bacon, P.A.

7 N. Coyle Street

Pensacola, FL 32502

ph. 850-375-3475

fx 877-828-4446

kimberlyatlaw@gmail.com

Florida Bar Id. No. 84942

Thomas B. Bacon, Esq.

Thomas B. Bacon, P.A. 

644 North Mc Donald St.

Mt. Dora, FL 32757

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ph. (850)375-3475

kimberlyatlaw@gmail.com

Florida Bar. Id. No. 84942

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