OPEN ACCESS FOR ALL, INC. v. TOWN OF JUNO BEACH, FLORIDA

Online “on-demand” 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. 

• Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 
• The Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq.

• Issue a declaratory judgment that Defendant has violated the Plaintiff’s rights as guaranteed by Title II of the ADA and Section 504 of the Rehabilitation Act;
• 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 Rehabilitation Act;
• 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 an institutional policy that will in fact cause Defendant to remain fully in compliance with the law;
• Order Defendant to retain a qualified consultant acceptable to Plaintiff (“Mutually Agreed Upon Consultant”) who shall assist it in improving the accessibility of its electronic documents, so they are accessible to individuals with visual disabilities who require those electronic documents to be in accessible format or provided in HTML format;
• 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;
• Damages in an amount to be determined at trial;
• Reasonable litigation expenses and attorneys’ fees; and
• Such other and further relief as it deems necessary, just and proper.