JOEL PRICE vs.ESCALANTE – BLACK DIAMOND GOLF CLUB LLC d/b/a Black Diamond Ranch

    Plaintiff

    • Name: JOEL PRICE
    • Filing date: January 16, 2019
    • State of filing: Florida

    Defendant

    • Name: ESCALANTE – BLACK DIAMOND GOLF CLUB LLC d/b/a Black Diamond Ranch
    • Website: www.blackdiamondranch.com
    • Industry: Hotel, Restaurant and Leisure
    • Summary: Golf course located in Located in the rolling hills of Lecanto, Florida, Black Diamond is a sanctuary for those looking for a special golf and lifestyle community

    Case Summary

    On January 16, 2019, JOEL PRICE filed a Complaint in Florida Federal court against ESCALANTE – BLACK DIAMOND GOLF CLUB LLC d/b/a Black Diamond Ranch. Plaintiff JOEL PRICE alleges that www.blackdiamondranch.com is not accessible per the WCAG 2.0 accessibility standard(s).

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Defendant‟s Website is not designed with consideration for Universal design. Universal design is necessary so visually impaired individuals who use screenreader software can access the Website5. Furthermore, the Website does not have the indication of website accessibility
    • The Website was inaccessible so Plaintiff could not (among other things): a. find out about golf lessons, b. request membership and learn about the procedure to reserve a golf tee time, book a “stay and play” package or nightly house rental online, learn about the monthly happenings at the golf to enjoy a meal therein when spending a day recreating and golfing at the golf club.

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

    VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT

    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 www.historicaldubsdread.com website to remove barriers in order thatindividuals 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 www.blackdiamondranch.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 retain an accessibility coordinator and a third party consultant to review and guide Defendant through their accessibility creation and procedures to insure compliance thereto;
    • The Court enter an Order directing Defendant to evaluate its policies, practices and procedures toward persons with disabilities for suchreasonable 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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