UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 

NELSON FERNANDEZ, 

Plaintiff,

vs.

GLOBAL PURSUIT OF DELRAY LLC,

a Florida limited liability company,

Defendant.

___________________________________/

COMPLAINT

Plaintiff NELSON FERNANDEZ, through undersigned counsel, sues Defendant GLOBAL 

PURSUIT OF DELRAY LLC, a Florida limited liability company, and alleges as follows:

1. This is an action for declaratory and injunctive relief, attorney’s fees, costs, and 

litigation expenses for unlawful disability discrimination in violation of Title III of the Americans 

with Disabilities Act, 42 U.S.C. §§12181-12189 (“ADA”), as amended, and 28 C.F.R. Part 36. 

This also is an action for declaratory and injunctive relief, attorney’s fees, costs, and litigation 

expenses for unlawful disability discrimination in violation of the Rehabilitation Act of 1973, 29 

U.S.C. §794, et seq. (“Rehab Act”).

 2. This Court has jurisdiction over this case based on federal question jurisdiction, 28 

U.S.C. §1331, and the provisions of the ADA and the Rehab Act. Plaintiff seeks declaratory and 

injunctive relief pursuant to 28 U.S.C. §§2201 and 2202. 

3. Venue is proper in this Court as all actions complained of herein and injuries and 

damages suffered occurred in the Southern District of Florida.

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4. Plaintiff NELSON FERNANDEZ is a resident of Palm Beach County, Florida, is 

sui juris, and is disabled as defined by the ADA and ADA Amendments Act of 2008, 42 U.S.C. 

§12101 (“ADAAA”). Plaintiff is also authorized to bring this case as an otherwise qualified person 

with a disability under the Rehab Act, 29 U.S.C. §§794(a)(2) and 794(b)(3)(A), and under Section 

505-f of the Rehab Act which enforces Section 504 of the Rehab Act, 29 U.S.C. §§794 and 794a, 

incorporating the rights and remedies set forth in Title VI of the Civil Rights Act of 1964, 42 

U.S.C. §2000d, et seq.

5. Plaintiff is and at all relevant times has been visually impaired and physically 

disabled who has been diagnosed with Relapsing-Remitting Multiple Sclerosis (“RRMS”). As a 

result of his disease, Plaintiff is currently paralyzed in approximately 80% to 90% of his body as 

a whole and only has very limited use of his left hand. Further as a consequence of his disease, 

Plaintiff has developed optic neuritis and is visually disabled, with complete blindness in one eye 

and very limited vision in the other eye. Plaintiff thus is substantially limited in performing one 

or more major life activities, including, but not limited to, seeing and accurately visualizing his 

world and adequately traversing obstacles. As such, he is a member of a protected class under the 

ADA, 42 U.S.C. §12102(1)-(2), the regulations implementing the ADA set forth at 28 CFR 

§§36.101, et seq., and in 42 U.S.C. §3602(h). Plaintiff is also an otherwise qualified individual 

with a disability who has been denied the benefits of a program or activity receiving federal 

financial assistance as a whole and is thus covered by the Rehab Act, 29 U.S.C. §794(a). Plaintiff 

further is an advocate of the rights of similarly situated disabled persons and is a “tester” for the 

purposes of asserting his civil rights and monitoring, ensuring, and determining whether places of 

public accommodation and/or the recipients of federal financial assistance and/or their respective 

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and associated websites are in compliance with the ADA, the Rehab Act, and any other applicable 

disability laws, regulations, and ordinances.

6. Because he is blind and visually disabled, Plaintiff cannot use his computer without 

the assistance of appropriate and available screen reader software. Screen reader software 

translates the visual internet into an auditory equivalent. At a rapid pace, the software reads the 

content of a webpage to the user. “The screen reading software uses auditory cues to allow a 

visually impaired user to effectively use websites. For example, when using the visual internet, a 

seeing user learns that a link may be ‘clicked,’ which will bring her to another webpage, through 

visual cues, such as a change in the color of the text (often text is turned from black to blue). When 

the sighted user's cursor hovers over the link, it changes from an arrow symbol to a hand. The 

screen reading software uses auditory – rather than visual – cues to relay this same information. 

When a sight impaired individual reaches a link that may be ‘clicked on,’ the software reads the 

link to the user, and after reading the text of the link says the word ‘clickable.’...Through a series 

of auditory cues read aloud by the screen reader, the visually impaired user can navigate a website 

by listening and responding with her keyboard.” Andrews v. Blick Art Materials, LLC, 17-CV-767, 

2017 WL 6542466, at *6-7 (E.D.N.Y. Dec. 21, 2017).

7. Defendant is a Florida limited liability company authorized to do business and 

doing business in the State of Florida. Defendant owns, operates, and/or controls a retail store in 

Delray Beach, Florida selling clothing and footwear that Plaintiff had patronized and/or intended 

to patronize in the near future. Defendant also owns, leases, leases to, and/or operates a business 

operating in Florida that is the recipient of federal financial assistance as a whole within the 

meaning of Rehab Act, 29 U.S.C. §794(b)(3)(A)(i), as it has been the recipient of Economic Injury 

Disaster Loan (“EIDL”) bailout funds from the federal government . See attached Exhibit “A”.

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8. Plaintiff’s visual disability limits him in the performance of major life activities,

including sight, and he requires assistive technologies, auxiliary aids, and services for effective 

communication, including communication in connection with his use of a computer. 

9. Plaintiff frequently accesses the internet. Because he is significantly and 

permanently visually disabled, to effectively communicate and comprehend information available 

on the internet and to thereby access and comprehend websites, Plaintiff uses commercially 

available screen reader software to interface with the various websites.

10. At all times material hereto, Defendant was and still is an organization that owns,

operates, and/or controls two retail stores selling clothing and footwear under the name “Global 

Pursuit.” The Global Pursuit store is open to the public. As the owner and operator of this retail 

store, Defendant is defined as a place of “public accommodation" within meaning of the ADA

because Defendant is a private entity which owns and/or operates “a bakery, grocery store, clothing 

store, hardware store, shopping center, or other sales or rental establishment,” per 42 U.S.C. 

§12181(7)(E) and 28 C.F.R. §36.104(2).

11. Because Defendant is a store open to the public, its stores are places of public 

accommodation subject to the requirements of the ADA, 42 U.S.C. §12182, §12181(7)(E), and its 

implementing regulations, 28 C.F.R. Part 36. 

12. Defendant also owns, controls, maintains, and/or operates an adjunct website,

https://shopglobalpursuit.com (the “Website”). One of the functions of the Website is to provide 

the public information on Defendant’s store that sells its gift cards and merchandise within the 

State of Florida. Defendant also sells to the public its merchandise through the Website, which 

acts as a critical point of sale for the purchase of merchandise from and in Defendant’s physical 

stores.

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13. The Website also services Defendant’s physical stores by providing information on 

its available merchandise, tips and advice, editorials, sales campaigns, events, and other

information that Defendant is interested in communicating to its customers.

14. Because the Website allows the public the ability to secure information about 

Defendant’s physical stores, purchase merchandise from Defendant that is also available for 

purchase in and from its physical stores, purchase gift cards for use online and in the physical 

stores, arrange in-store pickups of merchandise purchased online, and sign up for an emailer to 

receive exclusive online offers, benefits, invitations, and discounts for use online and in the 

physical stores, the Website is an extension of, gateway to, and necessary service, privilege, and 

advantage of Defendant’s physical stores, which are places of public accommodation under the 

ADA. Because of this nexus, and as an extension of and necessary service, privilege, and 

advantage provided by a place of public accommodation as defined under the ADA, the Website 

is an extension of the services, privileges, and advantages made available to the general public by 

Defendant at and through its brick-and-mortar locations and businesses. Furthermore, the Website 

is a necessary service, privilege, and advantage of Defendant’s physical stores in that, as a critical 

point of sale for the stores, it enables users of the Website to make online purchases of Defendant’s 

merchandise that is also available from and in the physical stores (but not necessarily in the 

physical store Plaintiff intended to patronize).

15. Because the public can view and purchase Defendant’s merchandise through the 

Website that is also offered for sale from and in Defendant’s physical stores, thus having the 

Website act as a point of sale for Defendant’s products sold in and through its physical stores,

purchase gift cards for use online and in the physical stores, arrange in-store pickups of 

merchandise purchased online, and sign up for an emailer to receive exclusive online offers, 

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benefits, invitations, and discounts for use online and in the physical stores, the Website is an

extension of, gateway to, and necessary service, privilege, and advantage of the physical stores, 

which are places of public accommodation under the ADA, 42 U.S.C. §12181(7)(E). As such, the 

Website has a nexus to, and is a necessary service, privilege, and advantage of Defendant’s brickand-mortar stores that must comply with all requirements of the ADA, must not discriminate 

against individuals with visual disabilities, and must not deny those individuals the same full and 

equal access to and enjoyment of the goods, services, privileges, and advantages afforded to the 

non-visually disabled public both online and in the physical stores.

16. Since the Website is open to the public through the internet, and acts as a critical 

point of sale of merchandise available in and from Defendant’s physical stores, by this nexus the 

website is an necessary service, privilege and advantage of Defendant’s brick-and-mortar stores

that must comply with all requirements of the ADA, must not discriminate against individuals with 

visual disabilities, and must not deny those individuals the same full and equal access to and 

enjoyment of the services, privileges, and advantages as afforded the non-visually disabled public 

both online and in the physical stores. As such, Defendant has subjected itself and the Website 

to the requirements of the ADA. In addition, as a recipient of federal financial assistance to the 

company as a whole through the EIDL loan funds, Defendant has subjected itself and all of its 

operations, programs, and activities, including its Website, to the requirements, prohibitions, and 

anti-discrimination provisions of the Rehab Act.

17. Plaintiff is and has been a customer who is interested in patronizing, and intends to 

patronize in the near future once the Website’s access barriers described herein are removed or 

remedied, Defendant’s physical store in Delray Beach Florida. In the alternative, Plaintiff intends 

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to monitor the Website in the near future as a tester to ascertain whether it has been updated to 

interact properly with screen reader software.

18. The opportunity to shop and pre-shop Defendant’s merchandise available for 

purchase in the physical stores from his home, purchase gift cards for use online and in the physical 

stores, arrange in-store pickups of merchandise purchased online, and sign up for an emailer to 

receive exclusive online offers, benefits, invitations, and discounts for use online and in the 

physical stores, are important and necessary accommodations for Plaintiff because traveling 

outside of his home as a blind and visually disabled individual is often a difficult, hazardous, 

frightening, frustrating, and confusing experience. Defendant has not provided its business 

information in any other digital format that is accessible for use by blind and visually disabled 

individuals using screen reader software.

19. Like many consumers, Plaintiff accesses numerous websites at a time to help plan 

his store visits, and to compare merchandise, services, prices, sales, discounts, and promotions. 

Plaintiff may look at several dozens of sites to compare merchandise, features, services, discounts, 

promotions, and prices.

20. During the month of September 2022, Plaintiff attempted on a number of occasions 

to utilize the Website to browse through the merchandise and online offers to educate himself as 

to the merchandise, services, sales, discounts, and promotions being offered, with the intent of 

making a purchase through the Website or at Defendant’s store.

21. Plaintiff utilizes screen reader software that allows individuals who are blind and 

visually disabled to communicate with websites. However, Defendant’s Website contains access 

barriers that prevent free and full use by blind and visually disabled individuals using keyboards 

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and available screen reader software. These barriers are pervasive and include, but are not limited 

to: 

a. Social media is not labeled to integrate with the screen reader;

b. Telephone is read as numbers without a description that the numbers are for a 

telephone number;

c. Shopping cart is mislabeled as the number of items in the cart rather than the 

function of the cart itself;

d. Garment sizes are read as numbers with no description and colors are 

inaccessible; and

e. A product has multiple images of the same item and are missing the descriptions.

22. The Website also lacks prompting information and accommodations necessary to 

allow visually disabled individuals who use screen reader software to locate and accurately fill out 

online forms to purchase Defendant’s merchandise from the Website.

23. Plaintiff attempted to locate an “accessibility” notice, statement, or policy on the 

Website that would direct him to a webpage with contact information for disabled individuals who 

have questions or concerns about, or who are having difficulties communicating with, the Website. 

However, Plaintiff was unable to do so because no such link or notice, statement, or policy existed 

on the Website.

24. The fact that Plaintiff could not communicate with or within the Website left him 

feeling excluded, frustrated, and humiliated, and gave him a sense of isolation and segregation, as 

he is unable to participate in the same shopping experience, with the same access to the 

merchandise, sales, services, discounts, and promotions, as provided at the Website and in the 

physical stores as the non-visually disabled public. 

25. Plaintiff desires and intends, in the near future once the Website’s access barriers 

are removed or remedied, to patronize Defendant’s Delray Beach physical store and to use the 

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Website, but he is unable to do so as he is unable to effectively communicate with Defendant due 

to his severe visual disability and the Website’s access barriers. Alternatively, as a tester using 

screen reader software, Plaintiff is unable to effectively access, navigate, and communicate with 

Defendant through the Website due to his severe visual disability and the Website’s access barriers. 

Thus, Plaintiff, as well as others who are blind and with visual disabilities, will suffer continuous 

and ongoing harm from Defendant’s intentional acts, omissions, policies, and practices as set forth 

herein unless properly enjoined by this Court.

26. Because the Website clearly provides support for and is directly connected with 

Defendant’s retail stores for its operation and use, and thus is a necessary extension, service, 

privilege, and advantage of Defendant’s brick-and-mortar stores for the purchase of Defendant’s 

merchandise, the Website must comply with all requirements of the ADA, must not discriminate 

against individuals with disabilities, and must not deny those individuals the same full and equal 

access to and enjoyment of the goods, services, privileges, advantages as are afforded the nonvisually disabled public both online and in the physical stores, which are places of public 

accommodation subject to the requirements of the ADA. In addition, because Defendant is a 

recipient of federal funds as a whole, Defendant and all of its operations, programs, and activities, 

including the Website, are also subject to the requirements of the Rehab Act and must not exclude 

or discriminate against qualified or otherwise qualified individuals with visual disabilities such as 

Plaintiff.

27. On information and belief, Defendant has not initiated a Web Accessibility Policy 

to ensure full and equal use of the Website by individuals with disabilities.

28. On information and belief, Defendant has not instituted a Web Accessibility 

Committee to ensure full and equal use of Website by individuals with disabilities.

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29. On information and belief, Defendant has not designated an employee as a Web 

Accessibility Coordinator to ensure full and equal use of the Website by individuals with 

disabilities.

30. On information and belief, Defendant has not instituted a Web Accessibility User 

Accessibility Testing Group to ensure full and equal use of the Website by individuals with 

disabilities.

31. On information and belief, Defendant has not instituted a User Accessibility 

Testing Group to ensure full and equal use of the Website by individuals with disabilities.

32. On information and belief, Defendant has not instituted a Bug Fix Priority Policy.

33. On information and belief, Defendant has not instituted an Automated Web 

Accessibility Testing program. 

34. Defendant has not created and instituted a Specialized Customer Assistance line or 

service or email contact mode for customer assistance for the blind and visually disabled.

35. Defendant has not created and instituted on the Website a page for individuals with 

disabilities, nor displayed a link and information hotline, nor created an information portal 

explaining when and how Defendant will have the Website, applications, and digital assets 

accessible to the visually disabled and blind communities.

36. The Website does not meet the Web Content Accessibility Guidelines (“WCAG”) 

2.0 Level AA or higher versions of web accessibility.

37. Defendant has not disclosed to the public any intended audits, changes, or lawsuits 

to correct the inaccessibility of the Website to blind and visually disabled individuals who want 

the safety and privacy of purchasing Defendant’s merchandise offered on the Website and in the 

physical stores from their homes.

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38. Defendant thus has not provided full and equal access to, and enjoyment of, the 

goods, services, facilities, privileges, advantages, accommodations, programs, and activities 

provided by and through the Website and the physical stores in contravention of the ADA and the 

Rehab Act.

39. Public accommodations under the ADA must ensure that their places of public 

accommodation provide effective communication for all members of the general public, including 

individuals with visual disabilities such as Plaintiff. Likewise, under the Rehab Act, public 

accommodations and companies that receive federal financial assistance must not discriminate 

against disabled persons and are required to make the facilities, programs, and activities they 

operate fully and readily accessible to persons with disabilities.

40. The broad mandate of the ADA is to provide an equal opportunity for individuals 

with disabilities to participate in and benefit from all aspects of American civic and economic life. 

That mandate extends to internet shopping websites such as the Website at issue in the instant 

action. In addition, Congress enacted the Rehab Act to enforce the policy of the United States that 

all programs, projects and activities receiving federal assistance " ... be carried out in a manner 

consistent with the principles of ... inclusion, integration and full participation of the individuals 

[with disabilities]." 29 U.S.C. §701(c)(3).

41. Defendant is, and at all relevant times has been, aware of the barriers to effective 

communication within the Website that prevent individuals with visual disabilities from the means 

to comprehend information presented therein.

42. Defendant is, and at all relevant times has been, aware of the need to provide full 

access to all visitors to the Website.

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43. The barriers that exist on the Website result in discriminatory and unequal 

treatment of individuals with visual disabilities such as Plaintiff.

44. Plaintiff has no plain, adequate, or complete remedy at law to redress the wrongs 

alleged hereinabove, and this suit for declaratory judgment and injunctive relief is his only means 

to secure adequate and complete redress from Defendant’s unlawful and discriminatory practices 

in connection with the Website’s access and operation.

45. Notice to Defendant is not required because of Defendant’s failure to cure the 

violations. 

46. Enforcement of Plaintiff’s rights under the ADA and the Rehab Act is right and just 

pursuant to 28 U.S.C. §§2201 and 2202.

47. Plaintiff has retained the undersigned attorneys to represent him in this case, and 

has agreed to pay them a reasonable fee for their services.

COUNT I – VIOLATION OF THE ADA

48. Plaintiff re-alleges paragraphs 1 through 47 as if set forth fully herein.

49. Pursuant to 42 U.S.C. §12181(7)(E), Defendant is a public accommodation under 

the ADA and thus is subject to the ADA.

50. Pursuant to 42 U.S.C. §12181(7)(E), the Website is covered under the ADA 

because it provides the general public with the ability to locate and learn about Defendant’s stores, 

purchase merchandise that is also available for purchase in and from the physical stores, purchase 

gift cards for use online and in the physical stores, arrange in-store pickups of merchandise

purchased online, and sign up for an emailer to receive exclusive online offers, benefits, 

invitations, and discounts for use online and in the physical stores. The Website thus, has a nexus 

to, is an extension of, gateway to, and necessary service, privilege, and advantage of, and facilitates 

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the operation of Defendant’s physical stores. Further, the Website also serves to augment and 

facilitate Defendant’s physical stores by providing the public information on the location of the 

store and by educating the public as to Defendant’s available products sold through the Website 

and in the physical stores. The Website thus is necessary for Plaintiff to fully enjoy and have 

access to all of the goods, services, privileges, and advantages being offered by Defendant both 

online and in the physical stores.

51. Under Title III of the ADA, 42 U.S.C. §12182(b)(1)(A)(II), it is unlawful 

discrimination to deny individuals with disabilities or a class of 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.

52. Specifically, under Title III of the ADA, 42 U.S.C. §12182(b)(2)(A)(II), unlawful 

discrimination includes, among other things, “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.”

53. In addition, under Title III of the ADA, 42 U.S.C. §12182(b)(2)(A)(III), unlawful 

discrimination includes, among other things, “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.”

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54. Defendant’s Website must comply with the ADA, but it does not as specifically 

alleged hereinabove and below.

55. Because of the inaccessibility of the Website, individuals with visual disabilities 

are denied the full and equal enjoyment of and access to the goods, information, and services that 

Defendant has made available to the public on its Website and in its physical stores in violation of 

42 U.S.C. §12101, et seq., and as prohibited by 42 U.S.C. §12182, et seq.

56. The Website was subsequently visited by Plaintiff’s expert in October 2022 and the 

expert determination was that the same access barriers that Plaintiff had initially encountered, as 

well as numerous additional access barriers, existed. Defendant thus has made insufficient material 

changes or improvements to the Website to enable its full use and enjoyment by, and accessibility 

to, blind and visually disabled persons such as Plaintiff. Defendant furthermore has not disclosed 

to the public any intended audits, changes, or lawsuits to correct the inaccessibility of the Website 

to visually disabled individuals, nor has it posted on the Website an effective “accessibility” notice, 

statement, or policy to provide blind and visually disabled person such as Plaintiff with a viable 

alternative means to access and navigate the Website. Defendant thus has failed to make 

reasonable modifications in its policies, practices, or procedures when such modifications are 

necessary to afford goods, services, facilities, privileges, advantages, or accommodations to 

individuals with disabilities, in violation of 28 C.F.R. §36.302. The lack of a viable and effective

“accessibility” notice, policy, or statement and the numerous access barriers as alleged herein and 

as set forth in the Declaration of Plaintiff’s expert, Robert D. Moody, attached hereto as Composite 

Exhibit “B” and the contents of which are incorporated herein by reference, continue to render the 

Website not fully accessible to users who are blind and visually disabled, including Plaintiff. 

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57. More violations may be present on other pages of the Website, which can and will 

be determined and proven through the discovery process in this case.

58. Further, the Website does not offer or include the universal symbol for the disabled 

that would permit disabled individuals to access the Website’s accessibility information and 

accessibility facts.

59. There are readily available, well-established guidelines on the internet for making 

websites accessible to the blind and visually disabled. These guidelines have been followed by 

other large business entities in making their websites accessible. Examples of such guidelines 

include, but are not limited to, adding alt-text to graphics and ensuring that all functions can be 

performed using a keyboard. Incorporating such basic components to make the Website accessible 

would neither fundamentally alter the nature of Defendant’s business nor would it result in an 

undue burden to Defendant.

60. Defendant has violated the ADA – and continues to violate the ADA – by denying 

access to the Website by individuals, such as Plaintiff, with visual disabilities who require the 

assistance of interface with screen reader software to comprehend and access internet websites. 

These violations within the Website are ongoing.

61. The ADA requires that public accommodations and places of public 

accommodation ensure that communication is effective. 

62. According to 28 C.F.R. §36.303(b)(1), auxiliary aids and services include “voice, 

text, and video-based telecommunications products and systems.” Indeed, 28 C.F.R. 

§36.303(b)(2) specifically states that screen reader software is an effective method of making 

visually delivered material available to individuals who are blind or have low vision.

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63. According to 28 C.F.R. §36.303©, public accommodations must furnish 

appropriate auxiliary aids and services where necessary to ensure effective communication with

individuals with disabilities: “In order to be effective, auxiliary aids and services must be provided 

in accessible formats, in a timely manner, and in such a way as to protect the privacy and 

independence of the individual with a disability,” 28 C.F.R. §36.303(c)(1)(ii).

64. Part 36 of Title 28 of the C.F.R. was designed and is implemented to effectuate 

subtitle A of Title III of the ADA, which prohibits discrimination on the basis of disability by 

public accommodations, and requires places of public accommodation to be designed, constructed, 

and altered in compliance with the accessibility standards established by Part 36.

65. As alleged hereinabove, the Website has not been designed to interface with the 

widely and readily available technologies that can be used to ensure effective communication, and 

thus violates the ADA.

66. As a direct and proximate result of Defendant’s failure to provide an ADA 

compliant Website that is a necessary extension, service, privilege, and advantage of, and critical 

point of sale for, Defendant’s brick-and-mortar stores, Plaintiff has suffered an injury in fact by 

being denied full access to and enjoyment of Defendant’s physical stores.

67. Because of the inadequate development and administration of the Website, Plaintiff 

is entitled to injunctive relief pursuant to 42 U.S.C. §12133 and 28 C.F.R. §36.303 to remedy the 

ongoing disability discrimination. 

68. Pursuant to 42 U.S.C. §12188, this Court is vested with the authority to grant 

Plaintiff appropriate and necessary injunctive relief, including an order to: 

a) Require Defendant to adopt and implement a web accessibility policy to make publicly 

available and directly link from the homepage of the Website to a statement as to Defendant’s

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policy to ensure persons with visual disabilities have full and equal access to and enjoyment of the 

goods, services, facilities, privileges, advantages, and accommodations through the Website and 

the physical stores.

b) Require Defendant to take the necessary steps to make the Website readily accessible 

to and usable by blind and visually disabled users, and during that time period prior to the 

Website’s being made readily accessible, provide an alternative method for individuals with visual 

disabilities to access the information available on the Website until such time that the requisite 

modifications are made, and 

c) Require Defendant to provide the appropriate auxiliary aids such that individuals with 

visual disabilities will be able to effectively communicate with the Website for purposes of 

viewing and locating Defendant’s physical stores and becoming informed of and purchasing 

Defendant’s merchandise online, and during that time period prior to the Website’s being designed 

to permit individuals with visual disabilities to effectively communicate, to provide an alternative 

method for individuals with visual disabilities to effectively communicate for such goods and 

services made available to the general public through the Website and the physical stores. 

69. Plaintiff is entitled to recover his reasonable attorney’s fees, costs, and expenses 

pursuant to the ADA. To that end, Plaintiff has been obligated to retain the undersigned counsel 

for the filing and prosecution of this action and has agreed to pay them a reasonable fee for their 

services. 

WHEREFORE, Plaintiff requests entry of judgment in his favor and against Defendant for 

the following relief:

A. A declaration that Defendant’s Website is in violation of the ADA;

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B. An Order requiring Defendant, by a date certain, to update the Website, and continue 

to monitor and update the Website on an ongoing basis, to remove barriers in order that 

individuals with visual disabilities can access, and continue to access, the Website and 

effectively communicate with the Website to the full extent required by Title III of the 

ADA; 

C. An Order requiring Defendant, by a date certain, to clearly display the universal 

disabled logo within the Website, wherein the logo1 would lead to a page which would 

state Defendant’s accessibility information, facts, policies, and accommodations. Such 

a clear display of the disabled logo is to ensure that individuals who are disabled are 

aware of the availability of the accessible features of the Website;

D. An Order requiring Defendant, by a date certain, 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 ensure 

compliance thereto;

E. An Order directing Defendant, by a date certain, to evaluate its policies, practices and 

procedures toward persons with disabilities, for such reasonable time to allow 

Defendant to undertake and complete corrective procedures to its Website;

F. An Order directing Defendant, by a date certain, to establish a policy of web 

accessibility and accessibility features for the Website to ensure effective 

communication for individuals who are visually disabled;

1 or similar.

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G. An Order requiring, by a date certain, that any third-party vendors who participate on 

Defendant’s Website to be fully accessible to the visually disabled;

H. An Order directing Defendant, by a date certain and at least once yearly thereafter, to 

provide mandatory web accessibility training to all employees who write or develop 

programs or code for, or who publish final content to, the Website on how to conform 

all web content and services with ADA accessibility requirements and applicable 

accessibility guidelines;

I. An Order directing Defendant, by a date certain and at least once every three months 

thereafter, to conduct automated accessibility tests of the Website to identify any 

instances where the Website is no longer in conformance with the accessibility 

requirements of the ADA and any applicable accessibility guidelines, and further 

directing Defendant to send a copy of the twelve (12) quarterly reports to Plaintiff’s 

counsel for review;

J. An Order directing Defendant, by a date certain, to make publicly available and directly 

link from the Website homepage, a statement of Defendant’s Accessibility Policy to 

ensure the persons with disabilities have full and equal enjoyment of the Website and 

shall accompany the public policy statement with an accessible means of submitting 

accessibility questions and problems; 

K. An award to Plaintiff of his reasonable attorney’s fees, costs and expenses; and

L. Such other and further relief as the Court deems just and equitable.

COUNT II – VIOLATION OF THE REHABILITATION ACT

70. Plaintiff re-alleges paragraphs 1 through 47 and 56 through 59 as if set forth fully 

herein.

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71. As more specifically set forth above, Defendant has violated the Rehab Act by 

failing to interface the Website with software utilized by blind and visually disabled 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 

solely by reason of their disability:

a) By excluding Plaintiff from participation in and denying him the benefits of or 

subjecting him to discrimination under any program or activity receiving federal financial 

assistance as a whole, Defendant has violated the Rehab Act;

b) Congress enacted the Rehab Act to enforce the policy of the United States that all 

programs, projects and activities receiving federal assistance “...be carried out in a manner 

consistent with the principles of...inclusion, integration and full participation of the individuals 

[with disabilities].” 29 U.S.C. Section 701 (c)(3);

c) Defendant is a recipient of federal financial assistance as a whole bringing it under 

the Rehab Act, which prohibits discrimination against qualified or otherwise qualified individuals 

in all of the recipient's "programs or activities";

d) Section 504 of the Rehab Act prohibits recipients of federal funding as a whole 

from discriminating against disabled persons and requires that their facilities, programs, and

activities be readily accessible to persons with disabilities;

e) The Rehab Act defines "program or activity" as all of the operations of the entire 

corporation, partnership, or other private organization, or sole proprietorship that receives federal 

financial assistance as a whole. Defendant's Website and its content thus are a "program or activity" 

within the meaning of the Rehab Act, 29 U.S.C. §794(b)(3)(A);

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f) Plaintiff was denied access to the Website solely by reason of his disability. This 

denial of access to Defendant's "program or activity" subjected Plaintiff to discrimination, 

excluded Plaintiff from participation in the program or activity, and denied Plaintiff the goods, 

benefits, and services of the Website, a service available to those persons who are not blind or 

visually disabled. As of this filing, the Website remains inaccessible to qualified or otherwise 

qualified persons with a visual disability such as Plaintiff; 

g) The international website standards organization, WC3, has published widely

accepted guidelines (WCAG 2.0 and WCAG 2.1 AA) for making digital content accessible to 

individuals with disabilities. These guidelines have been endorsed the United States Department 

of Justice and by Federal courts and the United States Access Board; and

h) Defendant has engaged in unlawful practices in violation of the Rehab Act in 

connection with the operation of the Website. These practices include, but are not limited to, 

denying Plaintiff, an individual with a disability who, with or without reasonable modifications to 

the rules, policies, or practices, the removal of communication barriers, or the provision of 

auxiliary aids and services, meets the essential eligibility requirements for the receipt of services 

to participate in programs or activities provided by Defendant.

72. Defendant has acted with deliberate indifference to the applicable provisions of the 

Rehab Act as to the unlawful practices described herein because Defendant is fully aware of the 

inaccessible features of its Website and has failed to remediate the Website to make it equally 

accessible to persons with visual disabilities. Defendant knew that harm to a federally protected 

right was substantially likely to occur, yet it failed to act on that likelihood when it failed to 

remediate its Website. Defendant knew this, and on information and belief, a person with authority 

with Defendant to order the remediation of the Website made a deliberate choice not to remediate 

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and to continue to offer the inaccessible Website to its customers and potential customers knowing 

that the Website was, and continues to be, inaccessible to the blind and visually disabled. 

73. Plaintiff would like to be a customer at Defendant's brick-and-mortar Delray Beach 

store but before he goes to the store, he would like to determine what is available for his 

purchasing, what promotions are being offered, and what new items are currently available. In 

that regard, Plaintiff continues to attempt to utilize the Website and/or plans to continue to attempt 

to utilize the Website on a regular basis to make selections for purchasing online or in the store.

78. Plaintiff is continuously aware of the violations at the Website and is aware that it 

would be a futile gesture to attempt to utilize the Website as long as those violations exist unless 

he is willing to suffer additional discrimination.

79. Plaintiff has suffered, and continues to suffer, frustration and humiliation as the 

result of the discriminatory conditions present at the Website. By continuing to operate the Website 

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

segregation and deprives Plaintiff the full and equal enjoyment of the benefits of the programs and 

activities available to the general public. By encountering the discriminatory conditions at 

Defendant's Website and knowing that it would be a futile gesture to attempt to utilize the Website 

unless he is willing to endure additional discrimination, Plaintiff is deprived of the meaningful 

choice of freely visiting and utilizing the same stores or the Website readily available to the general 

public and is deterred and discouraged from doing so. By maintaining the Website with access 

and Rehab Act violations, Defendant deprives Plaintiff the equal access to and participation in the 

benefits of Defendant’s programs and activities as the non-visually disabled public.

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

of Defendant's discrimination until Defendant is compelled to comply with the requirements of the 

Rehab Act.

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

from the Defendant's non-compliance with the Rehab Act with respect to this Website as described 

above. Plaintiff has reasonable grounds to believe that he will continue to be subjected to 

discrimination in violation of the Rehab Act by Defendant. Plaintiff desires to access the Website 

to avail himself of the benefits therein and/or to assure himself that the Website is in compliance 

with the Rehab Act so that he and others similarly situated will have full and equal access to and 

enjoyment of the Website without fear of discrimination.

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

injury, and damage without the immediate relief provided by the Rehab Act as requested herein. 

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

on the facts alleged hereinabove.

84. Plaintiff has retained the undersigned counsel and is entitled to recover attorney's 

fees, costs, and litigation expenses from the Defendant pursuant to the Rehab Act, 29 U.S.C. §794a.

WHEREFORE, Plaintiff requests entry of judgment in his favor and against Defendant for 

the following relief:

A. A declaration that determines that Defendant's Website at the commencement of 

the subject lawsuit is in violation of the Rehabilitation Act;

B. A declaration that Defendant's Website continues to be in violation of the 

Rehabilitation Act;

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C. A declaration that Defendant has violated the Rehabilitation Act by failing to 

monitor and maintain its Website to ensure that it is readily accessible to and usable by persons 

with visual disabilities;

D. Issuance of an Order directing Defendant to alter its Website to make it accessible 

to, and useable by, individuals with visual disabilities to the full extent required by the 

Rehabilitation Act;

E. Issuance of an Order directing Defendant to evaluate and neutralize its policies and 

procedures towards persons with disabilities for such reasonable time so as to allow Defendant to 

undertake and complete corrective and remedial procedures;

F. Issuance of an Order directing Defendant to continually update and maintain its 

Website to ensure that it remains fully accessible to and usable by visually disabled individuals;

G. Award Plaintiff his attorney's fees, costs, and litigation expenses pursuant to 29 

U.S.C. §794a; and

H. Award such other relief as the Court deems just and proper, and/or is allowable 

under the Rehabilitation Act.

DATED: November 1, 2022

RODERICK V. HANNAH, ESQ., P.A. LAW OFFICE OF PELAYO

Counsel for Plaintiff DURAN, P.A.

4800 N. Hiatus Rd Co-Counsel for Plaintiff

Sunrise, FL 33351 4640 N.W. 7th Street

T. 954/362-3800 Miami, FL 33126-2309

954/362-3779 (Facsimile) T. 305/266-9780 

Email: rhannah@rhannahlaw.com 305/269-8311 (Facsimile)

Email: duranandassociates@gmail.com 

By____s/ Roderick V. Hannah __ By ___s/ Pelayo M. Duran ______

RODERICK V. HANNAH PELAYO M. DURAN

Fla. Bar No. 435384 Fla. Bar No. 0146595

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