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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 

VICTOR ARIZA, 

Plaintiff,

vs.

IMPOSSIBLE KICKS TWO LLC,

d/b/a IMPOSSIBLE KICKS,

a Florida limited liability corporation,

Defendant.

__________________________________/

COMPLAINT

Plaintiff VICTOR ARIZA, through undersigned counsel, sues Defendant IMPOSSIBLE 

KICKS TWO LLC, d/b/a IMPOSSIBLE KICKS, 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 is also an action for declaratory and injunctive relief to prevent the continuing act of trespass 

against the Plaintiff’s personal property (his personal computer and its hard drive), and for 

compensatory damages to Plaintiff for such trespass. Remedies provided under common law for 

trespass are not exclusive and may be sought in connection with suits brought under the ADA.

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

U.S.C. §1331, and the provisions of the ADA. Plaintiff seeks declaratory and injunctive relief 

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pursuant to 28 U.S.C. §§2201 and 2202. In addition, this Court has supplementary jurisdiction 

over Plaintiff’s common law tort claim pursuant to 28 U.S.C. §1367.

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.

4. Plaintiff VICTOR ARIZA is a resident of Miami-Dade 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”).

5. Plaintiff is and at all relevant times has been blind and visually disabled in that he 

suffers from optical nerve atrophy, a permanent eye disease and medical condition that

substantially and significantly impairs his vision and limits his ability to see. Plaintiff thus is 

substantially limited in performing one or more major life activities, including, but not limited to, 

seeing, 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 42 U.S.C. §3602(h). 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 their respective and associated websites are in compliance with the 

ADA and any other applicable disability laws, regulations, and ordinances. 

6. Because he is blind, Plaintiff cannot use his computer without the assistance of 

appropriate and available auxiliary aids, screen reader software, and other technology and 

assistance. 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 

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using the visual internet, a seeing user learns that a link may be ‘clicked,’ which will bring him 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 his 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 chain of retail 

stores selling sports footwear and apparel, including one of the stores Plaintiff intended to 

patronize in the near future located at 11401 NW 12th Street, Miami, Florida. 

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 blind, to effectively 

communicate and comprehend information available on the internet and 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 a chain of retail stores selling sports footwear and apparel under the name 

“Impossible Kicks”. Each “Impossible Kicks” store is open to the public. As the owner, operator, 

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and/or controller of these retail stores, 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, each of Defendant’s physical stores 

is a place 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://impossiblekicks.com (the “Website”). One of the functions of the Website is to provide the 

public information on the locations of Defendant’s stores through a “store locator” feature that

identifies physical store locations that sell Defendant’s merchandise throughout the United States 

and within the State of Florida. Defendant also sells to the public its merchandise through the 

Website, which acts as a point of sale for merchandise available in, from, and through Defendant’s 

physical stores (but not necessarily the store that Plaintiff intended to patronize). In addition, the 

Website allows the users to arrange store deliveries and in-store returns of merchandise purchased 

online.

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

available products, services, 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 the 

locations of Defendant’s physical stores, purchase merchandise also available for purchase in and 

from the physical stores, arrange store home deliveries and in-store returns of merchandise

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

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invitations, and discounts for use online and in the physical stores, the Website has a nexus to, and 

is an extension of and gateway to, the goods, services, privileges, and advantages of Defendant’s 

physical stores, which are places of public accommodation under the ADA. As an extension of 

and 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 and privilege of Defendant’s physical 

stores in that, as a point of sale for the stores, it enables users of the Website to make online 

purchases of Defendant’s merchandise that is available from and in its physical stores (but not 

necessarily in the physical store that Plaintiff intended to patronize).

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

that are also offered for sale in the physical stores, thus having the Website act as a point of sale 

for Defendant’s products also sold in the physical stores, arrange store home deliveries and instore returns 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, and gateway to the physical stores, which are places of public 

accommodation pursuant to the ADA, 42 U.S.C. §12181(7)(E). As such, the Website is a 

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 goods, services, privileges, and advantages afforded the non-visually disabled public both 

online and in the physical stores.

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16. At all times material hereto, Defendant was and still is an organization owning and 

operating the Website. Since the Website is open to the public through the internet, by this nexus 

the Website is an intangible 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 goods, services, privileges, and advantages as are afforded the nonvisually disabled public both online and in the physical stores. As such, Defendant has subjected 

itself and the Website to the requirements of the ADA.

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

to patronize in the near future once the Website’s access barriers are removed or remedied, one or 

more of Defendant’s physical stores (including the store located at 11401 NW 12th Street, Miami,

Florida), and to search for the brick-and-mortar stores, check store hours and merchandise pricing, 

purchase merchandise, arrange store home deliveries and in-store returns of merchandise 

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

discounts for use at the Website or in Defendant’s physical stores. In the alternative, Plaintiff 

intends 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, arrange store 

home deliveries and in-store returns or merchandise purchased online, and sign up for an emailer 

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

the physical stores from his home are important and necessary accommodations for Plaintiff 

because traveling outside of his home as a visually disabled individual is often a difficult, 

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

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

disable individuals using screen reader software.

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

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

may look at several dozens of sites to compare features, discounts, promotions, and prices.

20. During the month of October 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, learn about the brickand-mortar stores, check store hours, and check merchandise pricing with the intent to make a 

purchase through the Website or in one of the physical stores. Plaintiff also attempted to access 

and utilize the Website in his capacity as a tester to determine whether it was accessible to blind 

and visually disabled persons such as himself who use screen reader software to access and 

navigate company websites.

21. Plaintiff utilizes available 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 and available screen reader software. These barriers are pervasive and include, 

but are not limited to: 

a. The pop-up window is not properly labeled, the text is inaccessible;

b. Home page is not labeled;

c. While browsing the main page best sellers, price is mislabeled as “dollar twofifty tree point zero zero” instead of $253.00;

d. Once an item is chosen the price is inaccessible with the keyboard;

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e. Shoe sizes are read as numbers without any description to what the numbers 

represent; and

f. Inside the Size Guide the text is inaccessible; the “x” to close the window is 

mislabeled as times button and text throughout the site is not accessible such as in 

the affirm payment plan.

22. 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.

23. 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 store as the non-visually disabled public.

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

are removed or remedied, to patronize Defendant’s physical stores and to use the Website, but he 

is presently unable to do so as he is unable to effectively communicate with Defendant due to his 

blindness 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 blindness 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.

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25. Because of the nexus between Defendant’s retail stores and the Website, and the 

fact that the Website clearly provides support for and is connected to Defendant’s retail stores for 

its operation and use, the Website is an intangible 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 disabilities, and must not deny those individuals the same full and equal 

access to and enjoyment of the goods, services, privileges, and advantages as 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.

26. 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.

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

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

28. 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.

29. 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.

30. 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.

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

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

Accessibility Testing program. 

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

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

34. 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 or blind community.

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

2.0 Level AA or higher versions of web accessibility.

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

to correct the inaccessibility of the Website to visually disabled individuals who want the safety 

and privacy of purchasing Defendant’s merchandise offered on the Website from their homes.

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

goods, services, facilities, privileges, advantages, and accommodations provided by and through 

the Website and the physical stores in contravention of the ADA.

38. 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.

39. 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.

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

communication within the Website which prevent individuals with visual disabilities from the 

means to comprehend information presented therein.

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

access to all visitors to the Website.

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

treatment of individuals with visual disabilities, including Plaintiff.

43. 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 its website access and operation.

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

violations. 

45. Enforcement of Plaintiff’s rights under the ADA is right and just pursuant to 28 

U.S.C. §§2201 and 2202.

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

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

Trespass Violations

47. Plaintiff utilizes his computer to access websites such as the Website. 

48. Plaintiff uses his computer as a method of conveyance of his personal information. 

Plaintiff thus stores his personal information and retains his browsing history on his computer.

49. When a user accesses the Website, Defendant places information tracking and 

gathering software on the user’s personal computer and hard drive without the user’s advance 

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consent or knowledge. Defendant also plants browser cookies on a user’s computer and hard drive 

to identify websites that the user has previously visited by accessing the user’s web browser 

history.

50. Defendant informs the Website user that the user’s personal information and 

browsing history is collected and is used for targeted marketing and advertising. However, 

because of his blindness, Plaintiff was unable to comprehend the Website; therefore, Plaintiff had 

no choice, and likewise no knowledge, of Defendant’s installation of data and information tracking 

and gathering software on his computer and the collection of Plaintiff’s browsing history and 

analytics.

51. Thus, through the Website, Defendant has committed a trespass against Plaintiff, 

since the Website places information tracking and gathering software on the Plaintiff’s computer 

without Plaintiff’s knowledge or consent.

COUNT I – VIOLATION OF THE ADA

52. Plaintiff re-alleges paragraphs 1 through 46 as if set forth fully herein.

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

the ADA and thus is subject to the ADA.

54. 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, arrange 

store home deliveries and in-store returns of merchandise purchased online, and sign up for an 

emailer to receive exclusive online offers, benefits, invitations, and discounts for use both online 

and in the physical stores. The Website thus is an extension of, gateway to, and intangible service, 

privilege, and advantage of Defendant’s physical stores. Further, the Website also serves to 

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augment Defendant’s physical stores by providing the public information about the physical stores 

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

in the physical stores.

55. 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.

56. 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.”

57. 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.”

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

alleged hereinabove and below.

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

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

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

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

60. 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 “A” 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.

61. 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.

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62. 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.

63. 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.

64. 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.

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

accommodation ensure that communication is effective. 

66. 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.

67. According to 28 C.F.R. §36.303(c), 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 

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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).

68. 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.

69. 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.

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

compliant Website, with a nexus to its brick-and-mortar stores, Plaintiff has suffered an injury in 

fact by being denied full access to, enjoyment of, and communication with Defendant’s Website 

and its physical stores. 

71. 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. 

72. 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 functional statement as to the 

Defendant’s policy to ensure persons with 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.

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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, 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. 

73. 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;

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 

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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;

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 

1 or similar.

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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 her reasonable attorney’s fees, costs and expenses; and

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

COUNT II – TRESPASS

74. Plaintiff re-alleges paragraphs 1 through 51 as if set forth fully herein.

75. Plaintiff’s tangible personal property, being his computer and the personal 

information and browsing history stored therein, has suffered a trespass by Defendant on each and 

every date that the Plaintiff has accessed Defendant’s Website, due to Defendant’s employment of 

information tracking and gathering software and analytics which are present on and through the 

Website.

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76. At all relevant times, Plaintiff did not consent to and was unaware that the Website 

was placing the information tracking and gathering software on his computer and its hard drive

due to his visual disability and his inability to effectively communicate with and fully view and 

access the Website.

77. Plaintiff did not consent to the placement of information tracking and gathering 

software on his computer and its hard drive; therefore, Defendant has committed a trespass against 

Plaintiff by placing such software on his computer and its hard drive without his knowledge or 

consent.

78. By the acts described hereinabove, Defendant has repeatedly and persistently 

engaged in trespass of Plaintiff’s personal property in violation of Florida common law against 

trespass to chattel.

79. Defendant’s installation, operation, and execution of information tracking and 

gathering software on Plaintiff’s computer have directly and proximately impaired the condition 

and value of the Plaintiff’s computer, thereby causing Plaintiff damages.

80. The Website has a “Privacy Policy” that discusses the automatic gathering of 

information from and the automatic placement of cookies and other information gathering software 

on, computers of users of the Website such as Plaintiff. A copy of that “Privacy Policy” is attached 

hereto as Exhibit “B” and its contents are incorporated herein by reference.

81. Defendant’s trespass to chattel, nuisance, and interference has caused real and 

substantial damage to Plaintiff as follows:

a) By consuming the resources of and/or degrading the performance of Plaintiff’s 

computer (including space, memory, processing cycles, and internet connectivity);

b) By infringing on Plaintiff’s right to exclude others from his computer;

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c) By infringing on Plaintiff’s right to determine, as the owner of his computer , which 

programs should be installed and operated on his computer;

d) By compromising the integrity, security, and ownership of Plaintiff’s computer ; and

e) By forcing Plaintiff to expend money, time, and resources in order to remove the 

programs that had been installed on his computer without notice or consent.

82. Defendant’s actions were taken knowingly, willfully, intentionally, and in reckless 

disregard for Plaintiff’s rights under the law.

WHEREFORE, Plaintiff demands a judgment be entered against Defendant for all of 

Plaintiff’s compensatory damages, interest, costs, and such further relief as the Court deems just 

and equitable.

DATED: November 1, 2022.

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

Counsel for Plaintiff DURAN, P.A.

4800 N. Hiatus Road 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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