United States District Court, M.D. Florida, Tampa Division
FINAL DEFAULT JUDGMENT AGAINST DEFENDANTS
S. MOODY, JR. UNITED STATES DISTRICT JUDGE.
CAUSE came before the Court on the Plaintiffs Motion for
Entry of Judgment After Default (Doc. No. 19), and the Court
having considered the motion, having reviewed the pleadings,
papers and supporting declaration filed herein, being
otherwise duly advised in the premises, it is hereby
ORDERED AND ADJUDGED as follows:
Court has original jurisdiction over this action pursuant to
28 U.S.C. §§ 1331 and 1343, for Plaintiffs claims
arising under 28 U.S.C. §12181, el seq., based upon
Defendants' violation of Tide III of 42 U.S.C.
§§ 12182, et seq.
Defendants are the owners, operators, lessors and/or lessees
of the real property and improvements which are the subject
of this action (hereinafter, the "Facility").
Defendants have discriminated against the Plaintiff, who is
an individual with a disability, by denying full and equal
enjoyment of the goods, services, facilities, privileges,
advantages and accommodations of the subject Facility as
provided by 42 U.S.C. §§12182, et seq.,
and by failing to remove architectural barriers and thereby
providing Plaintiff appropriate access to the subject
Facility, as required by 42 U.S.C. §12182(b)(2)(A)(iv).
Specifically, the Court finds that all of the alleged
barriers to access identified in the Complaint shall be
removed and remediated, in accordance with the ADA 2010
Standards. The alleged barriers are as follows:
a. There are an insufficient amount of accessible parking
spaces. 2010 Standards sections 208.2 and 502 and Table
b. Parking spaces designated as accessible are not, in fact,
accessible. 2010 Standards sections 208 and 502.
c. There is not an accessible route throughout the site and
facility. 2010 Standards sections 206 and 402.
d. There is not a properly designed and sloped ramp from the
parking area to the Facility. 2010 Standards sections 208,
405 and 406.
e. There are doors that are inaccessible. 2010 Standards
sections 206.5 and 404.
f. Self-service shelves and dispensers are inaccessible. 2010
Standards sections 904.5.1 and 308.
g. At least 5% of the tables and counters are not compliant.
2010 Standards ...