GOMEZ v. GEARY ST. MOTEL INVESTMENTS, INC.

    Plaintiff

    • Name: Andres Gomez
    • Filing date: August 23, 2019
    • State of filing: California

    Defendant

    • Name: Geary St. Motel Investments, Inc G6 Hospitality, LLC
    • Website: www.gearyparkwaymotel.com/
    • Industry: Hotel, Restaurant and Leisure
    • Summary: A motel chain located in Northern California.

    Case Summary

    On August 23, 2019, Andres Gomez filed a Complaint in California Federal court against Geary St. Motel Investments, Inc G6 Hospitality, LLC. Plaintiff Andres Gomez alleges that www.gearyparkwaymotel.com/ is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Lack of a button/link/function to adjust the website format
      to one that is fully readable by SRS and/or to adjust the
      font.
    • Numerous images on the website lack a text equivalent readable by SRS.
    • The website contains script elements that are not identified with functional text readable by SRS.
    • The website lacks a method to permit users to skip repetitive navigation links, or “skip navigation.”
    • The website contains empty and redundant links resulting
      in additional and inefficient navigation by SRS users.
    • The organizational system of the tab index has not been
      arranged in an intuitive or logical manner to facilitate
      successful navigation by users of SRS.
    • The visualization of the webpage contains contrast errors
      such that the visual presentation is less than 4.5:1.
    • The Motel’s website lacks information stating if the Motel
      provides auxiliary aids to assist visually impaired individuals inside the Motel.
    • The Motel’s website lacks information indicating if the
      bathroom has proper signage and accessibility for visually
      impaired individuals.

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

    • Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 
    • Unruh Civil Rights Act, California Civil Code § 51 et seq.

    Plaintiff seeks the following relief by way of its Complaint:

    • A Declaratory Judgment that at the commencement of this action Defendants were in violation of the requirements of the ADA due to Defendants’ failures to take action to ensure that its websites are fully accessible to and independently usable by blind and visually-impaired individuals.
    • Pursuant to 42 U.S.C § 12181, a preliminary and permanent injunction enjoining Defendants from violation the ADA with respect to its website. 
    • Damages under the Unruh Civil Rights Act § 513, which provides for actual damages and a statutory minimum of $4,000 for each offense.
    • Reasonable attorney fees, litigation expenses and costs of suit, pursuant to 42 U.S.C. § 12205; and Cal. Civ. Code §§ 52.

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