Nestor A. Proveyer v. Brightline Trains Florida LLC

Case Summary

According to the complaint, Nestor A. Proveyer is suing Brightline Trains Florida LLC for violations of the Americans with Disabilities Act (ADA) due to accessibility barriers on their website, https://www.gobrightline.com/. Proveyer, who is visually impaired, alleges that he encountered numerous issues while attempting to navigate the site, including unlabeled graphics and inaccessible menus, which hindered his ability to purchase tickets or access information. The plaintiff seeks declaratory and injunctive relief to ensure the website is accessible to individuals with disabilities, as well as damages for the alleged trespass of software on his computer without consent. The complaint cites specific ADA violations and requests the court to mandate changes to the website to comply with accessibility standards.

Causes of Action

• Violation of the ADA
• Trespass

Key Allegations

• Defendant's website contains access barriers preventing effective use by visually disabled individuals
• Plaintiff encountered unlabeled graphics, inaccessible drop-down menus, improperly formatted navigation elements, and empty links
• Defendant failed to provide reasonable modifications to ensure accessibility

Requested Relief

• A declaration that Defendant’s website is in violation of the ADA
• An Order requiring Defendant to update its website to remove barriers for individuals with visual disabilities
• An Order requiring Defendant to provide ongoing support for web accessibility
• An award of reasonable attorney’s fees and costs

Jurisdiction & Venue

Southern District of Florida, Miami-Dade Division