MIAMI – A legally blind man alleges he was unable fully use a retail store chain's website because of barriers.

Andres Gomez filed a complaint on March 24 in the U.S. District Court for the Southern District of Florida against Five Below Inc., doing business as www.fivebelow.com, alleging violation of the Americans with Disabilities Act.

According to the complaint, the plaintiff alleges that he originally contacted a Five Below store in North Miami to inquire about merchandise availability and was directed to the company's website. He alleges that in December 2016, he visited the website but was unable to use it with his screen-reading software.

The plaintiff holds Five Below Inc. responsible because the defendant allegedly failed to ensure effective communication to all visitors of its website, and failed to adhere to a policy to ensure that all goods, services and facilities are readily accessible to and usable by the disabled.

The plaintiff seeks judgment for damages against the defendant, injunctive and declaratory relief, litigation expenses, attorneys’ fees, interest, compensatory damages, and further relief as it deems necessary. He is represented by Scott R. Dinin of Scott R. Dinin PA in Miami.

U.S. District Court for the Southern District of Florida Case number 1:17-cv-21117

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U.S. District Court for the Southern District of Florida
400 N Miami Ave
Miami, FL 33128

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