UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 

VICTOR ARIZA, 

Plaintiff,

vs.

ANDREA’S BEAUTY SUPPLY, INC.,

a Florida for-profit corporation,

Defendant.

________________________________/

COMPLAINT

Plaintiff VICTOR ARIZA, through undersigned counsel, sues Defendant ANDREA’S 

BEAUTY SUPPLY, INC., a Florida for-profit corporation, and alleges as follows:

1. This is an action for declaratory and injunctive, 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. 

 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 

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.

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”). 

Case 1:22-cv-24057-XXXX Document 1 Entered on FLSD Docket 12/14/2022 Page 1 of 18
2

5. Plaintiff is and at all relevant times has been blind 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 the 

recipients of federal financial assistance 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 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 

Case 1:22-cv-24057-XXXX Document 1 Entered on FLSD Docket 12/14/2022 Page 2 of 18
3

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 for-profit corporation authorized to do business and doing 

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

beauty products, supplies, and accessories located at 3557 NW 79th Avenue Doral, Florida, which 

Plaintiff intended to patronize in the near future. 

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 retail store selling beauty products, supplies, and accessories under the

name “Andrea’s Beauty Supply.” The Andrea’s Beauty Supply 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, it 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. 

Case 1:22-cv-24057-XXXX Document 1 Entered on FLSD Docket 12/14/2022 Page 3 of 18
4

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

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

provide the public information about Defendant and the location of Defendant’s store that sells its 

merchandise to the public in South Florida. Defendant also sells to the public its merchandise 

through the Website, which acts as a critical point of sale for the sale of Defendant’s merchandise 

in, from, and through its physical store.

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

the store, 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 the 

location of Defendant’s physical store, purchase merchandise also available for purchase in and 

from the physical store, apply online for store credit to purchase merchandise available online and 

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

purchased online, the Website is an extension of, and gateway to, the goods, services, privileges, 

and advantages of Defendant’s physical store. As a service, privilege, and advantage provided by 

a place of public accommodation as defined under the ADA, the Website is an extension of the 

goods, services, privileges, and advantages made available to the general public by Defendant at 

and through its brick-and-mortar location and business. Furthermore, the Website is a necessary 

service and privilege of Defendant’s physical store in that, as a point of sale for the store, it enables 

users of the Website to make online purchases of Defendant’s merchandise that is available in and 

from its physical store.

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

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

Case 1:22-cv-24057-XXXX Document 1 Entered on FLSD Docket 12/14/2022 Page 4 of 18
5

Website act as a point of sale for Defendant’s merchandise sold in the physical store, apply online 

for store credit to purchase merchandise available online and in the physical store, and arrange 

from-store home deliveries and ins-tore returns of merchandise purchased online, the Website is a 

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

which is a place of public accommodation under 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 store 

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 store. 

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

operating, and/or controlling the Website. Since the Website is open to the public through the 

internet and is connected to Defendant’s physical store as a point of sale for the purchase of 

merchandise from Defendant and its physical store, the Website is a necessary service, privilege, 

and advantage of Defendant’s brick-and-mortar store that must comply with all requirements of 

the ADA, must not discriminate against individuals with visual disabilities, and must not deny 

those individuals the 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 store. As 

such, Defendant has subjected itself and the Website to the requirements of the ADA. 

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 are removed or remedied, 

Defendant’s physical store, and to check store hours and merchandise pricing, purchase 

merchandise, and apply for store credit. In the alternative, Plaintiff intends to monitor the Website 

Case 1:22-cv-24057-XXXX Document 1 Entered on FLSD Docket 12/14/2022 Page 5 of 18
6

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 offered for sale in 

the physical store, apply online for store credit, and arrange home deliveries and in-store returns 

of merchandise purchased online from his home are important accommodations for Plaintiff 

because traveling outside of his home as a physically and visually disabled individual is often a 

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

its business information in any alternative digital format that is accessible for use by blind and 

visually disabled individuals using screen reader software while using the internet.

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

merchandise, prices, services, sales, discounts, and promotions. Plaintiff may look at several 

dozens of sites to compare features, discounts, promotions, and prices.

20. Beginning in November 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. 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 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 

Case 1:22-cv-24057-XXXX Document 1 Entered on FLSD Docket 12/14/2022 Page 6 of 18
7

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

to: 

a. The language selection is English; however, some parts of the site are in still in 

Spanish, which can make it difficult to understand information on the page;

b. Products have multiple images and all the images are mislabeled;

c. Choose a product and the prices are inaccessible when navigating with the 

keyboard; and

d. Inside the shopping cart, if an item is removed there is no notification that the 

action took place; also, the pricing of the item price and subtotal is inaccessible.

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 store and to use the Website as an 

extension, service, privilege, and advantage of the physical store, but he is presently unable to do 

so as he is unable to effectively communicate with Defendant’s physical store due to his blindness 

and the Website’s access barriers. Alternatively, as a tester using scree reader software, Plaintiff 

is unable to effectively access, navigate, and communicate with Defendants through the Website 

Case 1:22-cv-24057-XXXX Document 1 Entered on FLSD Docket 12/14/2022 Page 7 of 18
8

due to his blindness and the Website’s access barriers. Thus, Plaintiff and others who are blind 

and visually disabled 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.

25. Because the Website clearly provides support for and is connected to Defendant’s 

retail store for its goods, services, operation, and use, and is a necessary service, privilege, 

advantage, and accommodation of Defendant’s brick-and-mortar store 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, and advantages afforded 

the non-visually disabled public both online and in the physical store, which is a place 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.

Case 1:22-cv-24057-XXXX Document 1 Entered on FLSD Docket 12/14/2022 Page 8 of 18
9

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. 

33. 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.

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 and blind communities.

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 and in the physical 

store from their homes.

37. 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 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. 

Case 1:22-cv-24057-XXXX Document 1 Entered on FLSD Docket 12/14/2022 Page 9 of 18
10

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. 

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 such as 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 the Website’s 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.

COUNT I – VIOLATION OF THE ADA

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

Case 1:22-cv-24057-XXXX Document 1 Entered on FLSD Docket 12/14/2022 Page 10 of 18
11

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

the ADA and thus is covered under the ADA.

49. 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 

physical store, acts as a point of sale for Defendant’s physical store by allowing users to purchase 

merchandise that is also available for purchase in and from the physical store, allows users to apply 

for store credit online to make purchases of Defendant’s merchandise both online and in the 

physical store, and allows users to arrange for from-store home deliveries and in-store returns of 

merchandize purchased online. The Website thus is an extension of, gateway to, and necessary 

service, privilege, and advantage of Defendant’s physical store. Further, the Website serves to 

augment Defendant’s physical store by providing the public information about the the store and 

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

physical store. 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 its 

physical store.

50. 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.

51. 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, 

Case 1:22-cv-24057-XXXX Document 1 Entered on FLSD Docket 12/14/2022 Page 11 of 18
12

unless the entity can demonstrate that making such modifications would fundamentally alter the 

nature of such goods, services, facilities, privileges, advantages or accommodations.”

52. 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.”

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

alleged hereinabove and below.

54. 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 its Website and in its physical store in violation of 

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

55. The Website was subsequently visited by Plaintiff’s expert in November 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, enjoyment, and 

accessibility for visually disabled persons such as Plaintiff. Defendant also 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 a conspicuous and effective 

“accessibility” notice, statement, or policy to provide blind and visually disabled persons such as 

Case 1:22-cv-24057-XXXX Document 1 Entered on FLSD Docket 12/14/2022 Page 12 of 18
13

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 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. 

56. 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.

57. 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.

58. 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.

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

access to the Website, and hence its connected physical store, by individuals such as Plaintiff with 

Case 1:22-cv-24057-XXXX Document 1 Entered on FLSD Docket 12/14/2022 Page 13 of 18
14

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.

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

accommodation ensure that communication is effective. 

61. 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.

62. 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 

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).

63. 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.

64. 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.

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

compliant Website that is an extension, service, privilege, and advantage of, and point of sale for,

Case 1:22-cv-24057-XXXX Document 1 Entered on FLSD Docket 12/14/2022 Page 14 of 18
15

Defendant’s brick-and-mortar store, Plaintiff has suffered an injury in fact by being denied full 

access to and enjoyment of the Website and the physical store.

66. 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. 

67. 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 visual disabilities have full and equal access to and 

enjoyment of the goods, services, facilities, privileges, advantages, and accommodations offered 

in Defendant’s physical store through the Website.

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 store 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 

Case 1:22-cv-24057-XXXX Document 1 Entered on FLSD Docket 12/14/2022 Page 15 of 18
16

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 store. 

68. 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 

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 

1 or similar.

Case 1:22-cv-24057-XXXX Document 1 Entered on FLSD Docket 12/14/2022 Page 16 of 18
17

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 

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 

Case 1:22-cv-24057-XXXX Document 1 Entered on FLSD Docket 12/14/2022 Page 17 of 18
18

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.

DATED: December 14, 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

Case 1:22-cv-24057-XXXX Document 1 Entered on FLSD Docket 12/14/2022 Page 18 of 18