COLE, SCOTT & KISSANE, P.A.

COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2294 FAX 

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:20-cv-22538-CMA

CARLOS BRITO,

Plaintiff,

v.

SUNSHINE GASOLINE DISTRIBUTORS, INC.

and LAGO EXPRESS, INC.,

Defendants.

__________________________________/

DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES

Defendant Lago Express, Inc., answers Plaintiff’s Complaint.

JURISDICTION, PARTIES AND VENUE

1. Defendant admits that Plaintiff has sought to bring a claim pursuant to 42 U.S.C. 

§§ 12181, et seq., 28 U.S.C. §§ 2201 and 2202 but denies that Plaintiff is entitled to such 

recovery.

2. Defendant admits that this Court has original jurisdiction over Plaintiff’s claims

but denies that Plaintiff is entitled to recover under those claims.

3. Defendant admits that this Court may render declaratory judgment pursuant to a 

claim brought under 42 U.S.C. §12181, et seq. To the extent Plaintiff has intended to allege this 

Court has jurisdiction over the matter pursuant to 28 U.S.C. §§ 2201 and 2202 alone, Paragraph 

3 of the Complaint is denied because 28 U.S.C. §§2201 and 2202 are not independent sources of 

this Court’s jurisdiction.

4. Defendant lacks sufficient information to admit or deny the allegations of 

Paragraph 4 of the Complaint, and all such allegations are therefore denied.

Case 1:20-cv-22538-CMA Document 11 Entered on FLSD Docket 07/15/2020 Page 1 of 5
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COLE, SCOTT & KISSANE, P.A.

COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2294 FAX 

5. Defendant admits Sunshine operates a retail business at 2445 W Flagler St., 

Miami, FL. All other allegations are denied.

6. Paragraph 6 of the Complaint is admitted.

7. Defendant admits it operates the subject place of accommodation. All other 

allegations are denied.

8. Paragraph 8 of the Complaint is admitted.

9. Defendant admits venue is proper because Plaintiff alleges that the cause of action 

arose in Miami-Dade County and that Defendants regularly conduct business in Miami-Dade 

County. Defendant lacks sufficient information to admit or deny the remaining allegations of 

Paragraph 9 of the Complaint, and all such allegations are therefore denied.

FACTUAL ALLEGATIONS

10. Paragraph 10 of the Complaint is denied.

11. Paragraph 11 of the Complaint is denied.

12. Defendant admits the ADA prohibits discrimination on the basis of disability as 

defined under the statute. The remaining allegations of Paragraph 12 are denied as phrased.

13. Defendant lacks sufficient information to admit or deny the allegations of 

Paragraph 13 of the Complaint, and all such allegations are therefore denied.

14. Defendant admits Sunshine oversees the Commercial Property and that this 

Defendant operates the gas station business within the Commercial Property. All other 

allegations are denied.

15. Paragraph 15 of the Complaint is admitted.

16. Defendant lacks sufficient information to admit or deny the allegations of 

Paragraph 16 of the Complaint, and all such allegations are therefore denied.

Case 1:20-cv-22538-CMA Document 11 Entered on FLSD Docket 07/15/2020 Page 2 of 5
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COLE, SCOTT & KISSANE, P.A.

COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2294 FAX 

17. Defendant lacks sufficient information to admit or deny the allegations of 

Paragraph 17 of the Complaint, and all such allegations are therefore denied.

18. Defendant lacks sufficient information to admit or deny the allegations of 

Paragraph 18 of the Complaint, and all such allegations are therefore denied.

19. Defendant lacks sufficient information to admit or deny the allegations of 

Paragraph 19 of the Complaint, and all such allegations are therefore denied.

20. Defendant admits Sunshine owns the subject Commercial Property. All other 

allegations are denied

21. Defendant lacks sufficient information to admit or deny the allegations of 

Paragraph 21 of the Complaint, and all such allegations are therefore denied.

22. Defendant admits they are subject to the provisions of the ADA. As to whether 

any ADA violations exist on the subject property, Defendant lacks sufficient information to 

admit or deny those allegations of Paragraph 22 of the Complaint, and all such allegations are 

therefore denied.

23. Defendants lacks sufficient information to admit or deny the allegations of 

Paragraph 23 of the Complaint, and all such allegations are therefore denied.

24. Paragraph 24 of the Complaint is denied.

ADA VIOLATIONS

25. Defendant repeats and reasserts each and every response provided to the 

allegations in Paragraph 1 through 24 of Plaintiff’s Complaint as if fully set forth herein.

26. Defendant lacks sufficient information to admit or deny the allegations of 

Paragraph 26, including subsections (A)(i)-(ii); B(i); and C(i)-(iv), and all such allegations are 

therefore denied.

Case 1:20-cv-22538-CMA Document 11 Entered on FLSD Docket 07/15/2020 Page 3 of 5
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COLE, SCOTT & KISSANE, P.A.

COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2294 FAX 

RELIEF SOUGHT AND THE BASIS

27. Paragraph 27 of the Complaint simply provides Plaintiff’s thoughts and 

commentary on its purported entitlement to a site inspection pursuant to Fed. R. Civ. P. 34, and, 

in its current form, cannot be admitted or denied. To the extent a response is possible, all 

allegations are denied.

28. Defendant lacks sufficient information to admit or deny the allegations of 

Paragraph 28 of the Complaint, and all such allegations are therefore denied.

29. At this time, it has not been determined by Defendant whether any barriers exist 

on the subject property, whether the removal of such barriers are readily achievable, whether any 

modifications are required to be made or whether such modifications will be feasible. Defendant

therefore lack sufficient information to admit or deny the allegations of Paragraph 29 of the 

Complaint, and all such allegations are therefore denied.

30. Defendant admits the ADA provides injunctive relief as a remedy, but denies 

Plaintiff entitled to such relief. Defendant lacks sufficient information to admit or deny the

remaining allegations of Paragraph 30 of the Complaint, and all such allegations are therefore 

denied.

31. At this time, it has not been determined by Defendant whether any barriers exist 

on the subject property, whether the removal of such barriers are readily achievable, whether any 

modifications are required to be made or whether such modifications will be feasible. Defendant 

therefore lacks sufficient information to admit or deny the allegations of Paragraph 31 of the 

Complaint, and all such allegations are therefore denied.

32. Paragraph 32 of the Complaint is denied.

33. Defendant admits this Court has the authority to grant Plaintiff injunctive relief 

pursuant to 42 U.S.C. § 12188 but deny Plaintiff is entitled to any such recovery.

Case 1:20-cv-22538-CMA Document 11 Entered on FLSD Docket 07/15/2020 Page 4 of 5
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COLE, SCOTT & KISSANE, P.A.

COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX 569015 - MIAMI, FLORIDA 33256 - (305) 350-5300 - (305) 373-2294 FAX 

34. All allegations in the Complaint that are not expressly admitted herein are denied.

AFFIRMATIVE DEFENSES

35. As a First Affirmative Defense, Defendant states that to the extent any of the 

alleged acts or omissions were committed by Defendant, the Plaintiff is not entitled to the 

requested injunctive relief to the extent the accessibility features in question relate to compliance 

with state and/or local law, rules, regulations and ordinances, zoning, code, health and safety, or 

building regulations that preclude the modifications requested by the Plaintiff.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 15th day of July 2020, a true and correct copy of the 

foregoing has been furnished by electronic filing with the Clerk of the court via CM/ECF, which 

will send notice of electronic filing to all counsel of record.

COLE, SCOTT & KISSANE, P.A.

Counsel for Defendants Sunshine Gasoline 

Distributors, Inc., and Lago Express, Inc.

Cole, Scott & Kissane Building

9150 South Dadeland Boulevard, Suite 1400

P.O. Box 569015

Miami, Florida 33256

Telephone (305) 350-5338

Facsimile (305) 373-2294

Primary e-mail: edward.polk@csklegal.com

Secondary e-mail: marc.rapaport@csklegal.com

By: s/ Edward S. Polk

EDWARD S. POLK

Florida Bar No.: 239860

MARC RAPAPORT

Florida Bar No.: 1008359

Case 1:20-cv-22538-CMA Document 11 Entered on FLSD Docket 07/15/2020 Page 5 of 5