GOMEZ v. TOMASA CORPORATION

    Plaintiff

    • Name: ANDRES GOMEZ
    • Filing date: August 1, 2019
    • State of filing: Florida

    Defendant

    • Name: TOMASA CORPORATION (terminated) Canaima, LLC
    • Website: www.canaimadoral.com
    • Industry: Hotel, Restaurant and Leisure
    • Summary: Canaima is a Venezuelan restaurant in Miami, Florida.

    Case Summary

    On August 1, 2019, ANDRES GOMEZ filed a Complaint in Florida Federal court against TOMASA CORPORATION (terminated) Canaima, LLC. Plaintiff ANDRES GOMEZ alleges that www.canaimadoral.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Website did not integrate with screen reader software,
    • Nor was there any function within the website to permit access for blind persons through other means.

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

    Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 

    Plaintiff seeks the following relief by way of its Complaint:

    • A Declaratory Judgement that at the commencement of this action, Defendant is in violation of the specific requirements of Title III of the ADA, described above, and the relevant implementing regulations of the ADA, in that Defendant took no action that was reasonably calculated to ensure that its website was fully accessible to and independently useable by blind individuals;
    • A permanent injunction pursuant to 42. U.S.C. § 12188(a)(2), 29 U.S.C.A. § 794a, 28 C.F.R. § 36.504(a), and 29 U.S.C.A. § 794a which directs Defendant to take all steps necessary to bring its website into full compliance with the requirements of the ADA, and both statutes’ implementing regulations, so that their website is full accessible to, and independently usable by, blind individuals, and which further directs that the Court shall 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; 
    • An Order Certifying the proposed class, naming Plaintiff as the representative of the class, and designating counsel for Plaintiff as class counsel; 
    • Payment of attorneys’ fees and costs incurred in this lawsuit pursuant to 42 U.S.C. § 12205, 29 U.S.C.A. § 794a and 28 CFR § 36.505; and, 
    • Any further relief that the Court deems just, equitable and appropriate.

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