Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Buchholz v. Aventura Beach Associates, Ltd.

United States District Court, S.D. Florida, Miami Division

January 5, 2018

HARVEY A. BUCHHOLZ, Plaintiff,
v.
AVENTURA BEACH ASSOCIATES, LTD., a Florida Limited Partnership, d/b/a MARCO POLO BEACH RESORT, Defendant.

          ORDER GRANTING DEFENDANT'S MOTION TO DISMISS

          FEDERICO A. MORENO, UNITED STATES DISTRICT JUDGE.

         Harvey A. Buchholz filed this action against Ramada Plaza Marco Polo Beach Resort for alleged violations of Title III of the Americans with Disabilities Act. He seeks injunctive relief, attorney's fees, and costs. Ramada Plaza subsequently filed a motion to dismiss for failure to state a claim upon which relief can be granted. For the reasons discussed below, Ramada Plaza's motion is GRANTED;

         I. Background

         A. Parties

         1. Harvey A. Buchholz

         Harvey Buchholz is blind and, therefore, qualifies as an individual with disabilities under the Americans with Disabilities Act. Buchholz advocates for the rights of disabled individuals by working as a tester to ensure that places of public accommodation comply with the Americans with Disabilities Act.

         2. Plaza Ramada Marco Polo Beach Resort

         Plaza Ramada Marco Polo Beach Resort is a hotel and resort in Miami-Dade County. It qualifies as a public accommodation under the Americans with Disabilities Act. In conjunction with its physical hotel and resort, Ramada Plaza allegedly owns and operates a website located at www.marcopolobeachresort.com.

         B. Statement of Facts

         Due to his visual impairment, Buchholz cannot read materials on a computer or access and comprehend internet website information without the assistance of JAWS-a special software designed for the visually impaired. JAWS is a popular screen reader program for Microsoft Windows that allows visually impaired individuals to read the screen either with a text-to-speech output or by a refreshable Braille display. However, the screen reader function works only with websites that interface with the JAWS software.

         Buchholz claims that he has attempted to access Ramada Plaza's website but is unable to do so because Ramada Plaza's website does not interface with software utilized by the visually impaired. Specifically, Ramada Plaza's website contains "graphics, links, headings, functions, forms and text with information that is not fully readable and/or compatible with [screen reader software]." (Compl. ¶ 10.)

         Buchholz further contends that Ramada Plaza's website "is a service, facility, privilege, advantage, benefit and accommodation of Defendant's place of accommodation." (Compl. ¶ 8.) Because he cannot access the website, Buchholz argues that Ramada Plaza is depriving him of the "full and equal enjoyment of the goods, services, facilities, privileges and/or accommodations available to the general public." (Compl. ¶ 14.) He contends that this violates Ramada Plaza's obligation under the Americans with Disabilities Act to "create and maintain a website that is accessible to and usable by visually impaired persons so that they can enjoy full and equal access to the website and content therein." (Compl. ¶ 9.)

         However, Buchholz does not allege that he has attempted to visit the Ramada Plaza hotel and beach resort, or that he intends to visit it in the future. Nor has he alleged that the website impedes his ability to access the physical hotel and resort.

         II. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.