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GOMEZ v. CALONGE FAMILY MANAGEMENT COMPANY, LLC

Filed April 13, 2019

Plaintiff

  • Name: Andres Gomez
  • Filing date: April 13, 2019
  • State of filing: Florida

Defendant

  • Name: Calonge Family Management Company, LLC
  • Website: www.calongemd.business.site
  • Industry: Medical
  • Summary: Calonge Family Management Company, LLC does business as Ricardo Calonge MD, a doctor's office in Wellington, Florida.

Case Summary

On April 13, 2019, Andres Gomez filed a Complaint in Florida Federal court against Calonge Family Management Company, LLC. Plaintiff Andres Gomez alleges that www.calongemd.business.site 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 did not contain an ADA button to adjust the website format to one that is fully readable through SRS.
  • Defendant’s website does not contain a statement of its ADA policy towards visually impaired patrons.
  • Defendant’s website does not provide adequate information if the brick and mortar of the defendant provides auxiliary Aid to assist visually impaired individuals inside the location.
  • The defendant’s website is missing 11 image alternative texts. Defendant’s website does not provide accessible images viewable by Plaintiff while using the Job Access
    With Speech screen reader and mobile device voice over screen reader software. Plaintiff used a screen reader to navigate through the defendant’s website, however, was unable to understand the images provided in the defendant’s website. 
  • Defendant’s website has linked images missing alternative texts. Defendant’s website contains links that are empty or has no value text. When the Plaintiff used Job Access With Speech screen reader and mobile device voice over screen reader software when clicking on the image link for the map to get to the physical location where the defendant provides service. Plaintiff was left confused and frustrated when the image link did not direct Plaintiff to address through Defendant’s website. Plaintiff was unable to determine the purpose of the links with missing alternative texts.
  • Defendant’s website contains an inaccessible link to a PDF document. Plaintiff used Job Access With Speech screen reader and mobile device voice over screen reader software when he was unsuccessful in opening PDF which read that The URL provided is an invalid file type.
  • Defendant’s website contains a contrast error. This poor contrast created difficulty for Plaintiff in navigation of the Website. For instance, the color of the light blue text that says: Call Now to its white background was not an adequate ratio that did not allow the Plaintiff to distinguish words. 

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

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

Plaintiff seeks the following relief by way of its Complaint:

  • A Declaratory Judgment that at the commencement of this action Defendant was in violation of the specific requirements of Title III of the ADA described above, and the relevant implementing regulations of the ADA, in that Defendant took no action that was reasonably calculated to ensure that its Websites are fully accessible to, and independently usable by, blind individuals;
  • A permanent injunction pursuant to 42 U.S.C. § 12188(a)(2) and 28 CFR § 36.504 (a) which directs Defendant to take all steps necessary to bring its Website into full compliance with the requirements set forth in the ADA, and its implementing regulations, so that its Website is fully accessible to, and independently usable by, blind 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—the specific injunctive relief requested by Plaintiff is described more fully in Paragraph 6 above;
  • Payment of costs of suit;
  • Payment of reasonable attorneys’ fees, pursuant to 42 U.S.C. § 12205 and 28 CFR § 36.505; and,
  • The provision of whatever other relief the Court deems just, equitable and appropriate.

FloridaMedical