J. Courtney Cunningham PLLC

J. Courtney Cunningham PLLC

J. Courtney Cunningham, PLLC is a law firm based in South Florida. I am available to attend to your legal concerns whenever you call. Either I or someone from my office will get back to you as soon as possible to assist you with your legal needs.

Firm Overview

J. Courtney Cunningham, PLLC is a civil rights law firm based in South Florida. The firm primarily focuses on digital discrimination under the Americans with Disabilities Act or the Rehabilitation Act of 1973. I have successfully represented clients in federal court who are seeking damages and injunctive relief in the Southern and Middle Districts of Florida. Through representing national disabilities rights organizations, I have been involved in cutting edge litigation at the forefront of the disabled rights movement.

Today, much of the information that we need for everyday life is found on the internet. If you want to find information about a topic, you "google it". But, sometimes websites are not accessible to persons with disabilities.

If a website has a video, but it doesn't have closed captions, a person who is deaf can't use the video content. Other persons who are hard-of-hearing or deaf, may need a sign language interpreter for video, instead of closed captions. This video content is not accessible.

Other websites might not be coded to work with screen readers used by people with vision disabilities. Pictures aren't properly alt. tagged or the website doesn't allow a visitor to skip through the navigation or there may be other problems which leaves the website inaccessible to people with vision disabilities.

I call this digital discrimination. This type of discrimination is prevalent. It happens all to often. What laws cover this type of discrimination?

Americans with Disabilities Act--Title I of the ADA covers employment discrimination. Title I covers employment discrimination based on a person's disability. A Title I claim can arise from a number of issues, but one of the most common can be when a person is not given a "reasonable accommodation" that would allow them to do a job. Title I covers public accommodations and public entities.

Americans with Disabilities Act--Title II of the ADA covers state and local governments. The ADA has more stringent accessibility requirements on state and local governments. The ADA requires that state and local governments make their programs, services and activities accessible to persons with disabilities. If providing the accessibility will change the fundamental nature of the program, service or activity, then the "accommodation" is not normally required. Also, if the "accommodation" will create an undue administrative or financial burden, then the accommodation will not be required by law.

Americans with Disabilities Act--Title III. This part of the ADA covers "public accommodations". Public accommodations listed in the ADA include restaurants, movie theaters, schools, day care facilities, recreation facilities and doctors' offices and it requires newly constructed or altered places of public accommodation--as well as commercial facilities (privately owned, nonresidential facilities such as factories, warehouses or office buildings to comply with ADA standards.

Effective Communications

Both Title II and Title III require that communications with persons with disabilities be "as effective" as communications with persons who do not have a disability. The effective communication requirement covers both Title II entities and Title III entities. Persons with disabilities are able to request auxiliary aids and services such as braille or closed captions so that they communications are effective.
Main Office
Main Office
8950 SW 74th Court, Suite 2201
Miami  FL  33156
Phone
  • (305) 351-2014
Fax
Websites

Fees

Free Initial Consultation?
J. Courtney Cunningham, PLLC will offers a free initial consultation to evaluate the merits of your case.
Civil Rights
J. Courtney Cunningham, PLLC fights to eliminate barriers disabled people encounter on websites and other digital platforms.
J. Courtney Cunningham, PLLC is a civil rights law firm based in South Florida. The firm primarily focuses on digital discrimination under the Americans with Disabilities Act or the Rehabilitation Act of 1973. I have successfully represented clients in federal court who are seeking damages and injunctive relief in the Southern and Middle Districts of Florida. Through representing national disabilities rights organizations, I have been involved in cutting edge litigation at the forefront of the disabled rights movement.

How did your firm decide on the primary area of practice(s)?

Mr. Cunningham became interested in disability rights because of his son has a social, neurological disorder. Seeing his challenges made Mr. Cunningham was to fight for the rights of others with disabilities.

J. Courtney Cunningham

J. Courtney Cunningham, Esq. has been a member of the Florida Bar Association for over 30 years. Mr. Cunningham attended the University of Florida for his undergraduate and legal studies. Initially, he practiced law in a large Florida firm before moving to Washington, DC where he was a Presidential Appointee in the U.S. States Department of Labor. He represented the Office of Federal Contractor Compliance (OFCCP) and the Wage and Hour Department before Congress. Mr. Cunningham has handled complex election law and product liability cases. He found his passion in representing people who suffered injuries or damages because of discrimination. Mr. Cunningham has lead litigation is cutting edge areas of the law dealing with digital discrimination against persons with disabilities. He is the lead attorney in the ground breaking case of National Association of the Deaf v. State of Florida.

Mr. Cunningham is a member of the Florida Bar Association. He is admitted to practice in the federal courts of the Southern and Middle Districts of Florida and before the Eleventh Circuit Court of Appeals. Mr. Cunningham is also a member of the Disability Rights Bar Association and serves on the Advisory Council of the Bob Graham Center at the University of Florida and the National Board of the University of Florida Foundation.
License
  • Bar Number: 628166
    Florida , 1987
Education
  • University of Florida
    Juris Doctorate , 1986

* Nolo has confirmed that every member attorney has a valid license and is in good standing with the state agency that licenses lawyers. Any past disbarments and suspensions (with possible exceptions for minor violations or nonpayment of dues, in our discretion) will be indicated accordingly in the badge. Member attorneys are required to notify Nolo immediately if they become the subject of any disciplinary action by any state licensing agency.

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