UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

DEBORAH LAUFER, Individually, 

Plaintiff, 

v. 

ARPAN, LLC d/b/a AMERICA'S 

BEST VALUE INN, 

Defendant. 

I -------------

Case No. I -fl- c--.J - ;J.O'O-rJ 

COMPLAINT 

(Injunctive Relief Demanded) 

Plaintiff, DEBORAH LAUFER. Individually, on her behalf and 

on behalf of all other individuals similarly situated, (sometimes referred to as 

"Plaintiff), hereby sues the Defendant, ARPAN, LLC, d/b/a AMERICA'S BEST 

VALUE INN, (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 Alachua County, Florida, is sui juris, and qualifies 

as an individual with disabilities as defi.ned 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 

FILED IJSDC FLND GIJ ' J ~ OCT 22 '19 AMll:26 't--l' ' 

Case 1:19-cv-00200-AW-GRJ Document 3 Filed 10/22/19 Page 1 of 13
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. Plaintiff is also vision impaired. 

When ambulating beyond the comfort of her own home, Plaintiff must primarily 

rely on a wheelchair. Plaintiff requires accessible handicap parking spaces located 

closest 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 haye 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. 

Case 1:19-cv-00200-AW-GRJ Document 3 Filed 10/22/19 Page 2 of 13
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 

the Defendant owns is a place of lodging known as America's Best Value Inn, 

and is located at 2086 FL-71 , Marianna, Florida in the County of Jackson, 

(hereinafter "Property"). 

4. Venue is properly located in the Northern Dist~ict 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 the 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 

Case 1:19-cv-00200-AW-GRJ Document 3 Filed 10/22/19 Page 3 of 13
Justice. Said regulations are set forth in the Code Of Federal Regulations, the 

Americans With Disabilities Act Architectural Guidelines ("ADAAGs"), and the 

201 O 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 t9 disabled individuals. 

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

requirement: 

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) Modify its 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; 

Case 1:19-cv-00200-AW-GRJ Document 3 Filed 10/22/19 Page 4 of 13
(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 websites for the Property which contains an 

online reservations system. These websites are locate_d at: 

https://www.redlion.com/americas-best-value-inn/fl/marianna/americas-bestvalue-inn-marianna. This term also includes all other websites owned and 

operated by Defendant or by third parties to book or reserve guest 

accorhinodations at the hotel: https://www.hotels.com/ho261996/?q-checkout=2019-10-08&FP0=2&q-check-in=2019-10-07, 

https:/ /www .expedia.com/Marianna-Hotels-Americas-Best-Value-InnMarianna.h23166.Hotel-Information, https:/ /www .orbitz.com/Marianna-HotelsCase 1:19-cv-00200-AW-GRJ Document 3 Filed 10/22/19 Page 5 of 13
Americas-Best-Value-Inn-Marianna.h23166.HotelInformation?chkin= 10%2F7%2F2019&chkout= 10%2F 8%2F2019, and 

https://www .priceline.com/relax/at/5670903/from/20191007/to/20191008/rooms/ 

1/?preferredhotelids=5670903. The purpose of these websites is so that members 

of the public may reserve guest accommodations and review information 

pertaining to the goods, services, features, facilities, benefits, advantages, and 

accommodations of the Property. As such, these websites are subject to the 

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

10. Prior to the commencement of this lawsuit, specifically, on September 16, 

2019, Plaintiff visited the websites for the purpose of reviewing and assessing the 

ac.cessible features at the Property and ascertain whether they meet the 

requirements of28 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, 

screenshots of all the websites the ho'tel uses for booking were reviewed and are 

attached hereto. 

11 . The hotels own website located at: https://www .redlion.con:1/americas-bestvalue-inn/fl/marianna/americas-best-value-inn-marianna had no reference to any 

Case 1:19-cv-00200-AW-GRJ Document 3 Filed 10/22/19 Page 6 of 13
accessible rooms and no option to book an accessible_ room. 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, properly located 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 give any information as to whether a·ccessible 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 hotel's website and third party booking sites claim that the hotel has an 

outdoor swimming pool, spa tub, laundry facilities, free self-parking, and that 

there is no information as to whether any or all of these hotel features are 

accessible. 

12. The third-party booking site located at 

https://www.hotels.com/ho261996/?q..:check-out=2019-l0-08&FPQ=2&q-checkin=2019-10-07: had no option to book an accessible-room. Hotel amenities, room 

ty pes and amenities are all listed in detail. No information was given about 

Case 1:19-cv-00200-AW-GRJ Document 3 Filed 10/22/19 Page 7 of 13
accessibility in the hotel other than the statements "Accessible bathroom", 

"Disabled parking", "Wheelchair accessible path of travel", "Roll-in shower" and 

"In-room accessibility". 

13. The third party booking site located at https://www.expedia.com/MariannaHotels-Americas-Best-Value-Inn-Marianna.h23166.Hotel-Information: did not 

have an 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 statements "Accessible bathroom", "Wheelchair 

accessible path of travel", "Roll-in shower", "'Nheelchair accessible parking" and 

"In-room accessibility". 

14. The third party booking site located at https://www.orbitz.com/MariannaHotels-Americas-Best-Value-Inn-Marianna.h23166.Hotelinformation?chkin= 10%2F7%2F2019&chkout=10%2F8%2F2019: 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 statements "Accessible bathroom", "Wheelchair accessible path of 

travel", "Roll-in shower", "Wheelchair accessible parking" and "In-room 

accessibility". 

15. The third party booking site located at: 

https://www.priceline.com/relax/at/5670903/from/20191007/to/20191008/rooms/ 1/?preferredh 

otelids=5670903 

Case 1:19-cv-00200-AW-GRJ Document 3 Filed 10/22/19 Page 8 of 13
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 statements "Accessible rooms/facilities" and . 

"Handicapped rooms/facilities". 

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

online reservations systems in order to test them for compliance with 28 C.F.R. 

Section 36.302( e) and/or to utilize the websites to reserve a guest room and 

otherwise avail herself of the goods, services, features, facilities, benefits, 

advantages, and accommodations of the Property. 

17. Plaintiff is continuously avvare that the subject websites remain noncompliant and that it would be a futile gesture to revisit the websites as long as 

those violations exist unless she is willing to suffer additional discrimination. 

18. The violations present at Defendant's websites infringe Plaintiffs right 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 

Defendant's website. By continuing to operate the websites with discriminatory 

conditions, Defendant contributes to Plaintiffs 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 

Case 1:19-cv-00200-AW-GRJ Document 3 Filed 10/22/19 Page 9 of 13
encountering the discriminatory conditions at Defendant's website, and knowing 

that it would be a futile gesture to return to the websites 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 websites with violations, Defendant deprives Plaintiff the equality 

of opportunity offered to the general public. Defendant's online reservations 

system serves as a gateway to its hotel. Because this online reservations system 

discriminates against Plaintiff, it is thereby more difficult to book a room at the 

hotel or make an informed decision as to whether the facilities at the hotel are 

accessible. 

19. 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 

modify its websites to comply with the requirements of the ADA and to 

continually monitor and ensure that the subject websites remain in compliance. 

-

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

discrimination from the Defendant's non-compliance with the ADA with respect 

to these websites. Plaintiff has reasonable grounds to believe that she will 

continue to be subjected to discrimination in violatio1_1 of the ADA by the 

Defendant. 

Case 1:19-cv-00200-AW-GRJ Document 3 Filed 10/22/19 Page 10 of 13
21. The Defendant has discriminated against the 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. 

22. 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. 

23. Defendant has discriminated against the 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 violationof42 U.S.C. § 12181 et seq. and28 CFR36.302(e). 

Furthermore, the Defendant continues to discriminate against the Plaintiff, and all 

thos·e similarly situated by failing to make reasonable modifications in policies, 

practices or procedures, when such modifications are necessary to afford all 

offered goods, services, facilities, privileges, advantages or a·ccommodations 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. 

24. Plaintiff is wfrhout adequate remedy at law and is suffering irreparable 

harm. Plaintiff has retained the undersigned counsel and is entitled to recover 

Case 1:19-cv-00200-AW-GRJ Document 3 Filed 10/22/19 Page 11 of 13
attorney's fees, costs and litigation expenses from the Defendant pursuant to 42 

U.S.C. § 12205 and 28 CFR 36.505. 

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

grant Plaintiff Injunctive Relief, including an order to require the Defendant to 

alter the subject websites to make them readily accessible and useable to the 

Plaintiff and all other persons with disabilities as defined by the ADA and 28 

C.F .R. Section 36.302( e ); or by closing the websites until such time as the 

Defendant cures its violations of the ADA. 

WHEREFORE, Plaintiff respectfully requests: 

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

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

Americans with Disabilities Act, 42U.S.C. § 12181 et seq. and 28 C.F.R. Section 

36.302(e). 

b. injunctive relief against the Defendant including an order to revise its 

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

monitor and maintain the websites 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. 

Case 1:19-cv-00200-AW-GRJ Document 3 Filed 10/22/19 Page 12 of 13
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, 

ls/Philip Michael Cullen, III 

Fla. Bar No: 167853 

PHILIP MICHAEL CULLEN, III 

Attorney-at-Law-Chartered 

621 South Federal Highway, Suite Four 

Fort Lauderdale, Florida 33301 

Telephone: (954) 462-0600 

Facsimile: (954) 462-1717 

e-mail: CULLENIII@aol.com 

Case 1:19-cv-00200-AW-GRJ Document 3 Filed 10/22/19 Page 13 of 13