27.  Plaintiff brings this class action on behalf of himself and all others similarly situated  pursuant to Rules 23(a) and 23(b)(2) of the Federal Rules of Civil Procedure, on behalf of all legally  disabled individuals who have attempted to access, or will in the future attempt to access, Defendant’s  hotel.    2   Plaintiff, or an agent of Plaintiff, intends to visit Defendant’s hotel periodically to monitor whether Defendant is in  compliance with the ADA’s requirements calculated to confirm that pools are fully accessible to, and independently usable  by, disabled people.	
   -6-   28.  The class described above is so numerous that joinder of all individual members in one  action would be impracticable. The disposition of the individual claims of the respective class members  through this class action will benefit both the parties and this Court.    29.  Typicality: Plaintiff’s claims are typical of the claims of the members of the class. The  claims of the Plaintiff and members of the class are based on the same legal theories and arise from the  same unlawful conduct.     30.  Common Questions of Fact and Law: There is a well-defined community of interest and  common questions of fact and law affecting members of the class in that they all have been and/or are  being denied their civil rights to full and equal access to, and use and enjoyment of, Defendant’s  facilities and/or services due to Defendant’s failure to make its pool fully accessible and independently  usable as above described.     31.  Adequacy of Representation: Plaintiff is an adequate representative of the class because  his interests do not conflict with the interests of the members of the class.  Plaintiff will fairly,  adequately, and vigorously represent and protect the interests of the members of the class and has no  interests antagonistic to the members of the class.  Plaintiff has retained counsel who are competent and  experienced in the prosecution of class action litigation.    32.  Class certification is appropriate pursuant to Fed. R. Civ. P. 23(b)(2) because Defendant  has acted or refused to act on grounds generally applicable to the Class, making appropriate both  declaratory and injunctive relief with respect to Plaintiff and the Class as a whole.   LLC, D/B/A RAINTREE INN,              Defendant.  §  §  §  §  §  §  §  §  §  §  §  §  §  Civil Action No.: 1:13-cv-470 