United States District Court, M.D. Florida, Tampa Division
FINAL DEFAULT JUDGMENT
CAUSE came before the Court on the Plaintiffs Motion for
Entry of Judgment After Default, 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 FOUND, 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, et seq., based upon
Defendant's violation of Title III of 42 U.S.C.
§§ 12182, a seq.
Defendant is the owner, operator, lessor and/or lessee of the
real property and improvements which are the subject of this
action (hereinafter, the "Facility").
Defendant has 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 the alleged ADA violations
identified in the Complaint must be remediated by Defendant
in compliance with the ADA 2010 Standards:
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. The parking spaces designated as accessible lack clear and
level access aisles. 2010 Standards section 502.3 and 502.4.
d. There is not an accessible route throughout the site and
facility. 2010 Standards sections 206 and 402.
e. There is not a properly designed and sloped ramp from the
parking area to the Facility. 2010 Standards sections 208,
405 and 406.
f. There are doors that are inaccessible. 2010 Standards
sections 206.5 and 404.
g. Counters where customer service and/or transactions occur
are inaccessible. 2010 Standards sections 227 and 904.
h. Restrooms at the Facility are not accessible. 2010
i. There are designated accessible parking spaces that have
faded paint and have not been maintained, in violation of
Section 36.211 of the 2010 Standards, which remedy is readily
j. The designated accessible parking spaces are not located
on the shortest accessible route closest to the accessible
entrance they serve, in violation of Section 208.3.1 of the