GOMEZ v. ELITE HEALTH PRIMARY CARE, PA

    Plaintiff

    • Name: Andres Gomez
    • Filing date: May 30, 2019
    • State of filing: Florida

    Defendant

    • Name: Elite Health Primary Care, PA South Florida Cardiology Associates, PA
    • Website: www.elitehealth.com
    • Industry: Medical
    • Summary: Elite Health Primary Care is a medical practice and provider of various medical services.

    Case Summary

    On May 30, 2019, Andres Gomez filed a Complaint in Florida Federal court against Elite Health Primary Care, PA South Florida Cardiology Associates, PA . Plaintiff Andres Gomez alleges that www.elitehealth.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Text equivalent for every non-text element is not provided
    • Information about the meaning and structure of the Website’s content is not conveyed by more than the visual presentation of content
    • When the sequence in which content is presented affects its meaning, a correct reading sequence cannot be programmatically determined
    • Web pages do not have titles that describe topic or purpose
    • Images on the website are not explained to the user with use of a screen reader program
    • There is no Accessibility Statement regarding a company policy to assist disabled users found on the website.

    Plaintiff asserts the following cause(s) of action in its Complaint:

    • Title III of the ADA, 42 U.S.C. § 12181 et seq.
    • Violation of Section 504 of Rehabilitation Act 

    Plaintiff seeks the following relief by way of its Complaint:

    • A Declaratory Judgment that at the commencement of this action Defendant was in violation ofthe specific requirements of Title III ofthe ADA and Section 504 of the Federal Rehabilitation Act as described above, and the relevant implementing regulations of the ADA, in that Defendant took no action that was reasonably calculated to ensure that its Websites are fully accessible to, and independently usable by, blind individuals
    • A permanent injunction pursuant to 42 U.S.C. § 12188(a)(2) and 28 CFR § 36.501 (b) which directs Defendant to take allsteps necessary to bring the Website into full compliance with the requirements set forth in the ADA, and implementing regulations, so that the Website is fully accessible to, and independently usable by, blind individuals, and which further directsthat theCourtshall retain jurisdiction for a period to be determined to ensure that Defendant has adopted and is following an institutional policy that will in fact cause Defendant to remain fully in compliance with the law—the specific injunctive relief requested by Plaintiff is describedmore fully in Paragraph 6 above
    • Payment of litigation expenses and costs
    • Payment of reasonable attorneys’ fees, pursuant to 42 U.S.C. § 12205 and 28 CFR § 36.505
    • The provision of whatever other relief the Court deems just, equitable and appropriate.

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