GALBRAITH v. ALANIK PROPERTIES, LLC

    Plaintiff

    • Name: George Galbraith
    • Filing date: August 12, 2019
    • State of filing: Florida

    Defendant

    • Name: Alanik Properties, LLC
    • Website: www.belleairbeachresort.com
    • Industry: Hotel, Restaurant and Leisure
    • Summary: Alanik Properties, LLC owns and operates the Bellair Beach Resort Motel in Fort Myers, Florida.

    Case Summary

    On August 12, 2019, George Galbraith filed a Complaint in Florida Federal court against Alanik Properties, LLC. Plaintiff George Galbraith alleges that www.belleairbeachresort.com is not accessible.

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Website contained no depiction of handicapped parking;
    • Website contained no depiction of accessible rooms or bathrooms;
    • Website contained no depiction regarding accessible door knobs;
    • Website contained no depiction of accessible seating in dining area;
    • Website contained no depiction of accessible check in counter;
    • Website contained no depiction of accessible entrance to Property;
    • Website contained no option to reserve an accessible room in the same manner as one would reserve a king or queen bed, smoking or non-smoking, or room with a view;
    • Website does not include the universal symbol for the disabled (wheelchair or computer icon denoting HTML for those visually impaired), which would permit disabled individuals to access the website’s accessibility information and accessibility facts;
    • Website contained no depiction of pool lift;
    • Website contained no depiction of wheelchair accessibility to balcony;
    • Website contained no depiction of elevators;
    • Website contained no written list of accessibility features of the Property

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

    • Americans with Disabilities Act, 42 U.S.C. § 12181 et seq,
    • Declaratory Relief pursuant to Florida Statute 86

    Plaintiff seeks the following relief by way of its Complaint:

    • The Court enter an Order granting temporary, preliminary and permanent injunction prohibiting Defendant(s) from operating its Website without adequate accommodation for the visually impaired;
    • The Court enter an Order requiring Defendant(s) to update its website to remove barriers in order that the individuals with visual disabilities can access the website to the full extent required by the Title III if the ADA;
    • The Court enter an Order requiring Defendant to clearly display the universal disabled logo within its website, wherein the logo 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 Website;
    • The Court enter an Order requiring Defendant 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;
    • The Court enter an Order directing Defendant to evaluate its policies, practices, and procedures toward persons with disabilities, for such reasonable time so as to allow the defendant to undertake and complete corrective procedures to the Website;
    • The Court enter an Order directing Defendant(s) to establish a policy of web accessibility and accessibility features for the Website;
    • The Court award reasonable attorney’s fees, all costs, (including but not limited to court costs and expert fees), and other expenses of suit, to the Plaintiff; and
    • That the Court award such other and further relief as it deems necessary, just and proper.

    Comments