OPEN ACCESS FOR ALL, INC. v. CITY OF FLAGLER BEACH, FLORIDA

    Plaintiff

    • Name: Open Access For All, Inc.
    • Filing date: July 6, 2019
    • State of filing: Florida

    Defendant

    • Name: City of Flagler Beach, Florida
    • Website: www.cityofflaglerbeach.com
    • Industry: Governmental Entity
    • Summary: Flagler Beach is a city in Flagler and Volusia counties in the U.S. state of Florida.

    Case Summary

    On July 6, 2019, Open Access For All, Inc. filed a Complaint in Florida Federal court against City of Flagler Beach, Florida. Plaintiff Open Access For All, Inc. alleges that www.cityofflaglerbeach.com is not accessible.

    Case Details

    Plaintiff alleges issues in its Complaint including the following:

    • Viewing of the Defendant’s electronic documents is not an option available to persons with vision disabilities due to the fact that those documents are provided solely in a PDF flat surface format and do not interface with screen reader software as used by blind and visually impaired individuals

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

    • VIOLATIONS OF TITLE II OF THE ADA
    • VIOLATION OF SECTION 504 OF THE REHABILITATION ACT

    Plaintiff seeks the following relief by way of its Complaint:

    • Issue a declaratory judgment that Defendant has violated the Plaintiffs‟ rights as guaranteed by Title II of the ADA and Section 504 of the RA
    • The Court enter an Order requiring Defendant to update all electronic documents made available to the public to remove barriers in order that individuals with visual disabilities can access the electronic documents to the full extent required by Title II of the ADA and Section 504 of the RA
    • Enter an Order pursuant to 42 U.S.C. §12188(a)(2) for permanent injunction which directs Defendant to take all steps necessary to bring the electronic documents which it provides on its electronic media into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that all electronic documents are fully accessible to, and independently usable by, blind and low sighted 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 a policy that will in fact cause Defendant to remain fully in compliance with the law
    • Order Defendant to engage a (mutually agreed upon) Consultant to perform an automated accessibility audit on a periodic basis to evaluate whether Defendant's electronic documents to be accessible to individuals with visual disabilities who require those documents to be in accessible format or provided in HTML format
    • Award damages in an amount to be determined at trial
    • Award Plaintiffs' reasonable litigation expenses and attorneys' fees
    • Award such other and further relief as it deems necessary, just and proper

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