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Since his only income at the time of graduation was from Social Security, Gil continued to use Winn-Dixie due to its low prices.
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He was in a vending program and the school did a trip for the students to go to Winn-Dixie to learn how to use the services to buy products for the vending stand they were operating. He went to school in 1999-2000 at the Florida School for the Deaf and Blind in St. Prior to that, he volunteered for different organizations. Gil has worked with Florida Vision Technology for the past five years helping individuals maximize their potential with software. He used Dell laptop and Mac computers to try to access the website. Gil used internet browsers Firefox, Internet Explorer and Safari on his different computers to access the Winn-Dixie website. Gil also uses the Google search engine to locate businesses but it is faster to go directly to the business’ website. The Web Content Accessibility Guidelines (WCAG) is produced by a consortium of private organizations whose goal is to make websites accessible for all. There is no federal organization that mandates particulars of website accessibility.
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Windows has the Narrator screen access software but it does not work well at all.
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Gil has also used Voiceover software when he uses his Mac Book Pro which is an excellent screen access program. NVDA has human sounding voices and JAWS has robotic voices. Gil uses NVDA sometimes but its functions are rudimentary and JAWS works much better than NVDA. NVDA is a consortium of individuals who are blind who have created an access method for people who cannot afford JAWS. He uses JAWS most often because it is the industry standard. He has used these screen access programs for over 25 years. If JAWS crashes, he needs to have alternate screen access programs. He cannot use a mouse but uses a keyboard. Every time he hits the tab or shift tab the program will tell him what he needs to type. The screen reader automatically tells Gil what is going on on the website. He uses JAWS or other screen reader software.
He is able to use a computer but cannot see the screen. The glasses help protect his eyes from foreign objects. He wears glasses because he has optic nerve hypoglasia. He lives in the area of SW 27th Avenue and Coral Way. He is visually impaired, is legally blind and has cerebral palsy. Plaintiff, Juan Carlos Gil, has resided in Miami for 25 years.
There were virtually no disputes in the testimony and evidence and the Court found all three witnesses to be credible and forthcoming. Findings of Fact The Court heard testimony from three witnesses: Juan Carlos Gil, Rodney Cornwell, and Chris Keroack. As a result, the Court finds in favor of the Plaintiff on Count One of the Complaint. After considering the credible testimony and evidence, and the applicable law, the Court finds that the Defendant has violated the Plaintiff’s rights under the ADA. 38, 39.) The Court has carefully reviewed these submissions. 34), as well as their proposed findings of fact and conclusions of law (ECF Nos. Prior to the trial, the parties submitted a Joint Pretrial Stipulation (ECF No. On June 5 and 6, 2017, the Court held a non-jury trial.
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The issues remaining to be determined are: (1) whether Winn-Dixie’s website is subject to the ADA as a service of a public accommodation, or, in the alternative, whether the website is a public accommodation in and of itself (2) whether Gil was denied the full and equal enjoyment of Winn-Dixie’s goods, services, facilities, privileges, advantages, or accommodations because of his disability and (3) whether the requested modifications to Winn-Dixie’s website are reasonable and readily achievable. The parties also do not dispute that Winn-Dixie’s grocery stores and pharmacies are public accommodations as defined by the ADA. The parties do not dispute that Gil has a qualified disability under the ADA.
Winn-Dixie is the owner and operator of a regional chain of grocery stores, some of which have pharmacies. Juan Carlos Gil is a visually impaired individual who is a customer of Winn-Dixie Stores, Inc. The Plaintiff seeks declaratory and injunctive relief, as well as attorneys’ fees and costs. §§ 12181-12189 (the “ADA”), alleging that the Defendant’s website, is inaccessible to the visually impaired.
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16-23020-Civ-Scola ) ) Verdict and Order Following Non-Jury Trial The Plaintiff brings this action under Title III of the Americans with Disabilities Act of 1990, 42 U.S.C. Winn-Dixie Stores, Inc., Defendant ) ) ) Civil Action No. 63 United States District Court for the Southern District of Florida Juan Carlos Gil, Plaintiff v.
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