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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.:

JESUS GONZALEZ,

 

Plaintiff,

vs. 

SUNSHINE GASOLINE DISTRIBUTORS, INC.,

Defendant. 

/

COMPLAINT FOR INJUNCTIVE RELIEF

Plaintiff Jesus Gonzalez (“Plaintiff”), by and through his undersigned counsel, 

and hereby files this Complaint and sues Defendant Sunshine Gasoline Distributors, Inc.

(“Defendant”) for injunctive relief pursuant to Title III of the Americans with Disabilities 

Act of 1990, as amended, 42 U.S.C. §§ 12181-12189 (“ADA”) and alleges the following:

JURISDICTION AND VENUE

1. This is an action for declaratory and injunctive relief pursuant to Title III 

of the Americans With Disabilities Act, 42 U.S.C. §§12181-12189 (“ADA”) and 28 

C.F.R. §§36.302, 36.303. The foregoing constitutes violation of 28 C.F.R. §§36.302, 

36.303 and 42 U.S.C. §12182.

2. This Court is vested with original jurisdiction under 28 U.S.C. §1331.

3. Venue is proper in this Court, pursuant to 28 U.S.C. §1391(b) in that all 

events giving rise to this lawsuit occurred in the State of Florida, Southern District of 

Florida.

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4. Furthermore, venue is proper pursuant to 28 U.S.C. §1391(b) because the 

Defendant is conducting business within the jurisdiction of this court by virtue of the fact 

its place of public accommodation is available to the general public within this district 

and the acts constituting the violation of the ADA occurred in this district. 

5. Defendant is authorized to conduct business within the State of Florida as 

a domestic for-profit corporation. 

6. Plaintiff seeks declaratory and injunctive relief pursuant to 28 U.S.C. §§

2201 and 2202.

THE PARTIES

7. Plaintiff Jesus Gonzalez is a resident of the state of Florida. Plaintiff is

disabled with neuropathy and nerve damage due to radiation and utilizes a wheelchair for 

mobility. Plaintiff’s disability is defined in 42 US Code §12102(1)(A) and in 28 C.F.R. 

§36.105(b)(2) and 28 C.F.R. §36.105(2)(iii)(D).

8. Defendant is the owner and operator as a franchisee of a chain of gasoline

stations under the brand name “Marathon.”

9. Defendant’s Marathon gas stations are open to the public and each is a 

place of public accommodation subject to the requirements of Title III of the ADA and its 

implementing regulation as defined by 42 U.S.C. §12181(7)(F); §12182, and §36.104(6).

10. Defendant’s Marathon gas stations also contain convenience stores which 

meet the definition of a public accommodation pursuant to 42 U.S.C. §12181(7)(E) and 

28 CFR 36.104(5).

11. Defendant is defined as a “Public Accommodation" within meaning of 

Title III because Defendant is a private entity which owns and/or operates Marathon 

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brand gasoline stations and convenience stores; U.S.C. §12181(7)(F), (E) and 28 C.F.R. 

§36.104.

12. The Marathon gas station which is the subject of this action is located at 

1601 SW 37th Avenue, Miami Florida 33145 and is referenced throughout as “Place of 

Public Accommodation,” “gas station,” or “Marathon #132 (gas station).” 

13. The Marathon #132 gas station is in close proximity to Plaintiff’s 

residence and to the Publix grocery store where Plaintiff purchases his groceries. 

14. On May 19, 2020 Plaintiff drove up to one of the gasoline pumps at 

Defendant’s Marathon #132 gas station in order to purchase gasoline for his vehicle. 

Plaintiff’s visit was prior to instituting the instant action. 

15. The gasoline pumps at Defendant’s gas station were/are not equipped with 

a call button in order to call an attendant to assist customers with mobility impairments in 

pumping gas. Furthermore, the gas station has no signage on or around the gasoline pump 

providing a number to call for assistance. 

16. The gasoline pumps at Defendant’s Marathon gas station contain an 

audio-visual television media feature embedded within each of the gasoline pumps and 

many stickers providing information for the general public, but nowhere on the gasoline 

pump is there a button to summon assistance for the disabled patrons to summon 

assistance in pumping gasoline and nowhere is there signage containing a phone number 

for patrons to call in order to summon assistance in pumping gasoline.

17. Neither the gas station nor the gasoline pumps provided a means to alert 

Defendant’s employees to assist disabled individuals in pumping of gas.

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18. Because there was no means to effectively communicate with 

Defendant’s representative in order for Defendant to accommodate Plaintiff for his 

disability, Plaintiff honked his horn repeatedly in order to draw the attention of 

Defendant’s representatives who were inside the convenience store (which is a part of the 

gasoline station) so that one of them would come outside to the gasoline pump and assist 

him in pumping gas. Despite repeated horn honking, no one came to assist Plaintiff with 

pumping gas into his vehicle. 

19. Defendant failed to accommodate Plaintiff for his disability so Plaintiff 

was unable to patronize the Marathon #132 gas station and purchase gasoline for his 

vehicle. This discrimination has resulted in Plaintiff being denied full and equal 

provision of goods, services, facilities, privileges, advantages, and accommodations being 

offered at Defendant’s Marathon gas station to the general public.

20. As a result of Defendant’s discrimination, Plaintiff has suffered loss of 

dignity, mental anguish, physical harm, and other tangible injuries and has suffered an 

injury-in-fact.

21. On information and belief, the Defendant is well aware of the ADA and 

the need to accommodate disabled individuals to provide access to its goods and services 

as it provides to the general public.

22. Therefore, Defendant’s failure to reasonably accommodate disabled 

individuals by failing to provide a means to alert its representatives when a disabled 

patron is in need of assistance for purchasing/pumping gasoline is/was willful, malicious, 

and oppressive and violation of the ADA. 28 C.F.R. §36.303.

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23. Plaintiff has patronized Defendant’s Marathon gas station in the past 

(when he has been accompanied by others who have pumped gasoline for him and 

occasionally when Defendant’s representatives have assisted him) and continues to desire 

to return to purchase gasoline therein, but Plaintiff continues to be injured in that there is 

no established method or means to alert Defendant’s representatives as to his presence 

and needs for assistance as a disabled individual. 

24. For all of the foregoing, Plaintiff has no adequate remedy at law.

25. Plaintiff has been obligated to retain the law offices of J. Courtney 

Cunningham, PLLC and have agreed to pay a reasonable fee for services in the 

prosecution of this cause, including costs and expenses incurred. Plaintiff is entitled to 

recover those attorney’s fees, costs and expenses from Defendant pursuant to 42 U.S.C. 

§12205.

COUNT I - VIOLATIONS OF TITLE III OF THE ADA

26. The Americans with Disabilities Act (“ADA”) is landmark civil rights 

legislation that is the result of decades of advocacy to improve the lives and role in 

society of all persons with disabilities. The ADA was enacted and effective as of July 26, 

1990. The ADA legislation has been protecting disabled persons from discrimination due 

to disabilities for 30 years. 

27. Defendant’s Marathon #132 gas station is open to the public, which means 

that it is a place of public accommodation governed by the ADA, and therefore must be 

in compliance therewith.

28. Defendant is subject to the provisions of 42 U.S.C. §§12181(7)(E) & (F) 

and 28 C.F.R. §36.104 because it is the operator of the Marathon gas station located at 

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1601 SW 37th Avenue, Miami Florida. 

29. Pursuant to 42 U.S.C. §12101et seq. and 28 C.F.R. §36.304, Defendant is 

required to make its place of public accommodation accessible to persons with 

disabilities since January 28, 1992. The U.S. Department of Justice issued regulations

requiring self-service gas stations to provide assistance to patrons who are disabled with 

pumping gas in May of 1999. https://www.ada.gov/gasserve.pdf

30. The Department of Justice guidelines require self-serve gas stations to 

provide equal access to their customers with disabilities. If necessary to provide access, 

gas stations must: 

• Provide refueling assistance upon the request of an individual with a disability. 

• Let patrons know (through appropriate signs1 or notifications on or near the 

pumps2) that customers with disabilities can obtain refueling assistance.

• Provide the refueling assistance without any charge beyond the self-serve price.

(https://www.ada.gov/gasbrprt.pdf)

1

2

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31. The U.S. Department of Justice updated the specification for gas station 

pumps March 15, 2012 with requirements for pumps themselves to be accessible to 

individuals with disabilities (i.e. no operable parts over 54 inches above the driving 

service which would include card reader, fuel grade selection and buttons requesting 

help) but kept in place the requirement for self-serve gas stations to provide effective 

communication between the convenience store operator and the pump. Effective 

communication between the disabled customer at the pump would necessitate the gas 

pump to have a call button or signage with a phone number for the disabled patron to 

contact the convenience store operator for assistance. 

32. According to the Department of Justice, station owners in violation of the 

March 15, 2012 requirements for self-serve gas stations could be fined more than 

$50,000 for a first offense3.

33. Defendant has failed to comply with the Department of Justice mandate by 

failing to provide effective communication between its convenience store operator and 

disabled individuals who require assistance pumping gas. This failure has led to Plaintiff, 

a disabled individual, suffering an injury in fact. 

34. Public accommodations such as Defendant are required to provide full and 

equal enjoyment of their goods, services, facilities, privileges, advantages, and 

accommodations in the most integrated setting appropriate to people with disabilities. 42 

U.S.C. §§12181(7)(E),(F), §12182(a); 28 C.F.R. §36.203(a). Specifically, the public 

accommodation must: 

3 https://nmeda.com/ada-has-new-rules-for-pumping-gas-for-people-with-disabilities/

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a) Ensure that no individual is discriminated against on the basis of disability 

in the full and equal enjoyment of their goods, services, facilities, privileges, advantages 

or accommodations. 42 U.S.C. §12182(a); 28 C.F.R. §36.201(a);

b) Make reasonable modifications in policies, practices, or procedures when 

the modifications are necessary to afford goods, services, facilities, privileges, 

advantages, or accommodations to people with disabilities, unless the public 

accommodation can demonstrate that making the modifications would fundamentally 

alter the nature of the goods, services, facilities, privileges, advantages or 

accommodations. 42 U.S.C. §12181(9), §12182(b)(1)(B), §12188(a); 28 C.F.R. 

§36.302(a); and

c) Ensure that no individual with a disability is excluded, denied services, 

segregated or otherwise treated differently than other individuals because of the absence 

of auxiliary aids and services, unless the public accommodation can demonstrate that 

taking those steps would fundamentally alter the nature of the goods, services, facilities, 

privileges, advantages, or accommodations being offered or would result in an undue 

burden, i.e., significant difficulty or expense. 42 U.S.C. §12818(9), 

§§2182(b)(2)(A)(ii),(iii); 28 C.F.R. §36.303(a);

35. The Defendant has violated the ADA in numerous ways, including 

discriminatory action which occurred when the Defendant:

a) Failed to maintain policies and procedures to ensure compliance with 42 

U.S.C. §12182(a); 28 C.F.R. §36.303(a); specifically failed to provide effective 

communication for disabled patrons within the Defendant’s place of public 

accommodation.

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b) Denied full and equal access to, and full and equal enjoyment of, goods, 

services, facilities, privileges, and other advantages of the public accommodation in 

violation of 42 U.S.C. §§12182(b)(2)(A)(ii) & (iii), 28 C.F.R. §36.303(a), and 28 C.F.R. 

§36.303(b)(1).

36. Pursuant to 42 U.S.C. §12188, this Court is vested with the authority to 

grant Plaintiff injunctive relief such that the Marathon #132 gas station complies with the 

ADA and Department of Justice guidelines by providing effective communication by 

either by a call button or by providing appropriate signage to establish communication in 

order to provide assistance; https://www.ada.gov/gasbrprt.pdf. 

WHEREFORE, Plaintiff Jesus Gonzalez respectfully prays that this Court grant 

the following relief against the Defendant Sunshine Gasoline Distributors, Inc. including

entering a declaratory judgment, pursuant to Rule 57 of the FRCP stating that the 

Defendant’s practices, policies, and procedures have subjected Plaintiff to discrimination 

in violation of Title III of the ADA, and permanently enjoin the Defendant from any 

practice, policy and/or procedure which will deny Plaintiff full and equal enjoyment of its 

goods, services, facilities, privileges, advantages and accommodations in the most 

integrated setting appropriate to people with disabilities. This includes entry of a 

permanent injunction ordering the Defendant Sunshine Gasoline Distributors, Inc.:

a) To declare that Defendant’s marathon #132 gasoline station is in violation 

of the ADA;

b) To enter an Order directing Defendant’s Marathon #132 gas station 

accommodate individuals with disabilities in the most integrated setting appropriate to 

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people with disabilities so that they may have equal access to its goods, services, 

facilities, privileges, advantages and accommodations at that gas station;

c) To enter an Order directing Defendant to furnish appropriate auxiliary aids 

for the provision of effective communication for patrons who are disabled by providing 

call numbers or call buttons so that its representatives are alerted to a disabled 

individuals’ presence in order to assist that disabled individual with purchasing/pumping

gasoline for their vehicle at its place of public accommodation located at 1601 SW 37th

Avenue, Miami Florida 33145;

d) Award reasonable costs and attorneys’ fees; and 

e) Award any and all other relief that may be necessary and appropriate. 

Dated: June 3, 2020

Respectfully submitted,

/s/ J. Courtney Cunningham

J. Courtney Cunningham, Esq.

J. COURTNEY CUNNINGHAM, PLLC

FBN: 628166

8950 SW 74th Court, Suite 2201

Miami, Florida 33156

Telephone: 305-351-2014

Email: cc@cunninghampllc.com

Counsel for Plaintiff

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