JUAN CARLOS GIL V. TAP 42 LLC

• Website is not designed with consideration for Universal design. Universal design is necessary so visually impaired individuals who use screen reader software can access the Website.
• Website does not have the indication of website
  accessibility.

Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. 

• 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
  https://tap42.com website to remove barriers in order that individuals with visual disabilities can access the Website and effectively communicate with the Website to the full extent required by Title III of the ADA;
• 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 effectively communicate with Defendant to the full extent required by Title III of the ADA;
• pursuant to 42 U.S.C. § 12188(a)(2) and 28 CFR § 36.504(a), enter an
  Order 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;
• The Court enter an Order requiring Defendant to clearly display the universal disabled logo11 and sign of website accessibility12 (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 https://tap42.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 provide ongoing support for web accessibility by implementing a website accessibility coordinator, a website application accessibility policy, and providing for website accessibility feedback to insure compliance thereto;
• enter an Order requiring Defendant 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;
• require Defendant engage a (mutually agreed upon) Consultant to perform an automated accessibility audit on a periodic basis to evaluate whether Defendant’s electronic documents continue to be accessible to individuals with visual disabilities;
• The Court enter an Order directing Defendant to evaluate its policies, practices and procedures toward persons with disabilities, for such reasonable 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 awards such other and further relief as it deems necessary, just and proper.