PRICE v. BURLEIGH POINT, LTD.

    Plaintiff

    • Name: Joel Price
    • Filing date: April 9, 2019
    • State of filing: Florida

    Defendant

    • Name: Burleigh Point, Ltd.
    • Website: us.elementbrand.com
    • Industry: Leisure Products
    • Summary: Burleigh Point, Ltd. makes and sells Element brand skateboards, trucks, wheels, guards, apparel, and other skate accessories.

    Case Summary

    On April 9, 2019, Joel Price filed a Complaint in Florida Federal court against Burleigh Point, Ltd.. Plaintiff Joel Price alleges that us.elementbrand.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Website is not designed with consideration for Universal
      design. 
    • Website does not have the indication of website
      accessibility.

    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:

    • The Court issue a declaratory judgment that Defendant has violated Plaintiff‟s rights as guaranteed by the ADA; 
    • The Court enter an Order requiring Defendant to update its us.elementbrand.com website to remove barriers in order that individuals with visual disabilities can access the Website and effectively communicate with the Website to the full extent required by Title III of the ADA;
    • The Court enter an Order requiring Defendant to clearly display the universal disabled logo and sign of website accessibility (standard WCAG 2.0) within its Website. Such a clear display is to insure that individuals who are disabled are aware of the availability of the accessible features of the us.elementbrand.com website;
    • The Court enter an Order compelling Defendant to contract with an independent ADA expert/consultant for the purposes of that ADA expert/consultant review Defendant‟s policies, practices and procedures for five years commencing from the date of the Court‟s Order to insure that Defendant is in compliance with the ADA;
    • 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 insure 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 Defendant to undertake and complete corrective procedures to the Website;
    • The Court award damages in an amount to be determined at trial;
    • The Court to award Plaintiff reasonable litigation expenses and attorneys‟ fees; and
    • That the Court award such other and further relief as it deems necessary, just and proper. 

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