Abdurazak Abdu v. Ovation Bistro & Bar, LLC

Summary

The United States District Court for the Middle District of Florida adopted a magistrate judge’s Report and Recommendation concerning Plaintiff Abdurazak Abdu’s motions for default judgment and attorney’s fees. The court held that the defendant’s website presented accessibility barriers violating Title III of the Americans with Disabilities Act and ordered the defendant to make the website accessible and implement a WCAG 2.2-compliant policy. The court awarded Abdu $2,940 in attorney’s fees and $405 in litigation costs and closed the case.

Holdings

1. The district court may accept, reject, or modify the magistrate judge's Report and Recommendation and, after reviewing the record, adopted it because no party filed a timely objection.
2. Abdu's unrebutted allegations established that Ovation's website contained accessibility barriers preventing him from obtaining full and equal access to goods and services offered by the restaurant, in violation of Title III of the ADA.
3. The court granted in part and denied in part Abdu's second motion for default judgment and motion for attorney's fees, as recommended by the magistrate judge.
4. The court ordered Ovation to make its website accessible to blind and visually impaired individuals using standard screen-reading software, adopt and implement a WCAG 2.2-compliant accessibility policy, and pay Abdu $2,940 in attorney's fees and $405 in litigation costs.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation in the absence of objections.
2. Whether Abdu's unrebutted allegations plausibly established that Ovation's website created an intangible barrier to goods and services at a physical place of public accommodation in violation of Title III of the ADA.
3. Whether default judgment and attorney's fees should be granted in part and denied in part.
4. What injunctive relief, attorney's fees, and costs were appropriate.

Disposition

other