UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

 CASE NO.:

HOWARD COHAN,

Plaintiff,

vs. INJUNCTIVE RELIEF SOUGHT

LOWE’S HOME CENTERS, LLC

a Foreign Limited Liability Company,

d/b/a LOWE’S

Defendant(s).

____________________________________/

COMPLAINT

Plaintiff, HOWARD COHAN (“Plaintiff”), by and through the undersigned counsel, 

hereby files this Complaint and sues LOWE’S HOME CENTERS, LLC, a Foreign Limited 

Liability Company, d/b/a LOWE’S (“Defendant”), for declaratory and injunctive relief, attorneys’

fees, expenses and costs (including, but not limited to, court costs and expert fees) pursuant to 42 

U.S.C. § 12182 et. seq., and the 2010 Americans with Disabilities Act (“ADA”) and alleges as 

follows:

JURISDICTION AND VENUE

1. This is a complaint for breach of contract and injunctive relief seeking enforcement 

of the Settlement Agreement and Release (copy attached as Exhibit A) reached in the cases of 

HOWARD COHAN v. LOWE’S HOME CENTERS, LLC, 0:16-CV-60277-WJZ and HOWARD 

COHAN V. LOWE’S HOME CENTERS, LLC, 9:16-cv-80210-KAM (S.D. Fla.) (dismissed by 

order upon settlement) which arose out of Plaintiff’s claim of discrimination caused by certain 

barriers encountered by Plaintiff on Defendant’s property that prevented Plaintiff from the full and 

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equal enjoyment of a place of public accommodation in violation of Title III of the Americans 

with Disabilities Act.

2. This Court is vested with original jurisdiction over this action pursuant to 28 U.S.C. 

§§ 1331, 343 for Plaintiff’s claims arising under Title 42 U.S.C. § 12182 et. seq., based on 

Defendant’s violations of Title III of the ADA. See also, 28 U.S.C. §§ 2201, 2202, as well as the

2010 ADA Standards.

3. Venue is proper in this Court, West Palm Beach Division, pursuant to 28 U.S.C. §

1391(B) and Internal Operating Procedures for the United States District Court For the Southern 

District of Florida in that all events giving rise to the lawsuit occurred in Palm Beach County, 

Florida.

PARTIES

4. Plaintiff, HOWARD COHAN is sui juris and is a resident of the State of Florida 

residing in Palm Beach County, Florida.

5. Upon information and belief, Defendant is the lessee, operator, owner and lessor of 

the Real Property, which is subject to this suit, located at the following addresses: 1001 W. 

Oakland Park Boulevard, Oakland Park, Florida 33311, 21870 State Road 7, Boca Raton, Florida 

33428, 3651 Turtle Creek Drive, Coral Springs, FL 33067, and 1851 North Federal Highway, 

Pompano Beach, FL 33062 (collectively “Premises”), and are the owners of the improvements 

where Premises are located.

6. Defendant is authorized to conduct, and is in fact conducting, business within the 

state of Florida.

7. Plaintiff is an individual with numerous permanent disabilities including severe 

spinal stenosis of the lumbar spine with spondylolisthesis; severe spinal stenosis of the cervical 

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spine with nerve root compromise on the right side; a non-union fracture of the left acromion 

(shoulder); a labral tear of the left shoulder; a full thickness tear of the right rotator cuff; a right 

knee medial meniscal tear; a repaired ACL and bilateral meniscal tear of the left knee; and severe 

basal joint arthritis of the left thumb. The above listed permanent disabilities and symptoms cause 

sudden onsets of severe pain and substantially limit Plaintiff’s major life activities. As such, 

Plaintiff suffered from a “qualified disability” under the ADA. 42 U.S.C § 12101, et seq.

8. Plaintiff visited Defendant’s Premises on the following dates: 

a. 1001 W. Oakland Park Boulevard, Oakland Park, Florida 33311-January 23, 2016, and 

February 1, 2017;

b. 21870 State Road 7, Boca Raton, Florida 33428- January 14, 2016, January 30, 2017, 

September 16, 2018, and November 28, 2018;

c. 3651 Turtle Creek Drive, Coral Springs, FL 33067- February 10, 2016 and January 21, 

2017; and 

d. 1851 North Federal Highway, Pompano Beach, FL 33062- January 15, 2016, February 

1, 2017 and September 14, 2018.

9. At the time of Plaintiff’s visit to the Premises, Plaintiff required the use of fully 

accessible restrooms. Plaintiff personally visited the Premises, but was denied full and equal access 

and full and equal enjoyment of the facilities, services, goods, and amenities within the Premises, 

even though he was a “bona fide patron”.

10. Defendant’s Premises is a public accommodation as defined by Title III of the ADA 

and as such is governed by the ADA.

11. On or about February 10, 2016, Plaintiff filed two separate lawsuits against 

Defendant seeking to force Defendant to comply with the ADA and applicable regulations thereto. 

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See COHAN V. LOWE’S HOME CENTERS, LLC, 0:16-CV-60277-WJZ (S.D. Fla.); See also 

COHAN V. LOWE’S HOME CENTERS, LLC, 9:16-cv-80210-KAM (S.D. Fla.).

12. On or about May 24, 2016, the parties entered into a Settlement Agreement and 

General Release (Exhibit A).

13. Thereafter on May 31, 2016, Plaintiff’s suits 0:16-CV-60277-WJZ and 9:16-cv80210-KAM were dismissed upon notice to the U.S. District Court that the parties had settled.

14. The Settlement Agreement and Release required Defendant to complete all 

modifications to the Premises by on or about November 20, 2016.

15. Defendant has failed to complete the required modification(s) to the Premises as 

required by the ADA and the Settlement Agreement and Release and Defendant has failed to give 

notice of any reasons or documentation for non-compliance. 

16. Plaintiff again personally visited Defendant’s Premises on the following dates (and 

prior to instituting this action):

a. 1001 W. Oakland Park Boulevard, Oakland Park, Florida 33311- September 14, 2018 

and April 25, 2020

b. 21870 State Road 7, Boca Raton, Florida 33428- March 6, 2019 and April 19, 2020

c. 3651 Turtle Creek Drive, Coral Springs, FL 33067- September 14, 2018 and April 24, 

2020

d. 1851 North Federal Highway, Pompano Beach, FL 33062- December 19, 2018 and 

April 25, 2020

17. Plaintiff required the use of fully accessible restrooms. Plaintiff was denied full and 

equal access and full and equal enjoyment of the facilities, services, goods, and amenities within

the Premises, even though he was a “bona fide patron”.

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18. Plaintiff, in his individual capacity, has shown that he will absolutely return to the 

Premises and avail himself of the services offered when Defendant modifies the Premises or 

modifies the policies and practices to accommodate individuals who have physical disabilities.

19. Plaintiff is continuously aware of the violations at Defendant’s Premises and is 

aware that it would be a futile gesture to return to the Premises as long as those violations exist, 

and Plaintiff is not willing to suffer additional discrimination.

20. Plaintiff has suffered, and will continue to suffer, direct and indirect injury as a

result of Defendant's discrimination until Defendant is compelled to comply with the requirements 

of the ADA.

21. Plaintiff would like to be able to be a patron of the Premises in the future and be 

able to enjoy the goods and services that are available to the able-bodied public, but is currently 

precluded from doing so as a result of Defendant's discriminatory conduct as described herein. 

Plaintiff will continue to be precluded from using the Premises until corrective measures are taken 

at the Premises to eliminate the discrimination against persons with physical disabilities.

22. Completely independent of the personal desire to have access to this place of public 

accommodation free of illegal barriers to access, Plaintiff also acts as a “tester” for the purpose of 

discovering, encountering and engaging discrimination against the disabled in public 

accommodations. When acting as a “tester”, Plaintiff employs a routine practice. Plaintiff 

personally visits the public accommodation; engages all of the barriers to access, or at least of 

those that Plaintiff is able to access; tests all of those barriers to access to determine whether and 

the extent to which they are illegal barriers to access; proceeds with legal action to enjoin such 

discrimination; and subsequently returns to Premises to verify its compliance or non-compliance 

with the ADA and to otherwise use the public accommodation as members of the able-bodied 

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community are able to do. Independent of other subsequent visits, Plaintiff also intends to visit 

the Premises regularly to verify its compliance or non-compliance with the ADA, and its 

maintenance of the accessible features of Premises. In this instance, Plaintiff, in Plaintiff’s 

individual capacity and as a “tester”, visited Premises, encountered barriers to access at Premises, 

and engaged and tested those barriers, suffered legal harm and legal injury, and will continue to 

suffer such harm and injury as a result of the illegal barriers to access and the ADA violations set 

forth herein. It is Plaintiff’s belief that said violations will not be corrected without Court 

intervention, and thus Plaintiff will suffer legal harm and injury in the near future.

23. Plaintiff, in his capacity as a tester, will absolutely return to the Premises when 

Defendant modifies the Premises or modifies the policies and practices to accommodate 

individuals who have physical disabilities to confirm said modifications have been completed in 

accordance with the requirements of the ADA.

COUNT I 

VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT

24. Plaintiff adopts and re-alleges the allegations stated in paragraphs 1 through 22

above as if fully stated herein.

25. On July 26, 1990, Congress enacted the Americans With Disabilities Act (“ADA”), 

42 U.S.C. § 12101 et. seq. Commercial enterprises were provided one and a half (1.5) years from 

enactment of the statute to implement its requirements. The effective date of Title III of the ADA 

was January 26, 1992, or January 26, 1993 if Defendant(s) have ten (10) or fewer employees and 

gross receipts of $500,000.00 or less. See 42 U.S.C. § 12182; 28 C.F.R. § 36.508(a).

26. Congress found, among other things, that:

a. some 43,000,000 Americans have one or more physical or mental disabilities, and this 

number shall increase as the population continues to grow older;

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b. historically, society has tended to isolate and segregate individuals with disabilities and, 

despite some improvements, such forms of discrimination against disabled individuals 

continue to be a pervasive social problem, requiring serious attention;

c. discrimination against disabled individuals persists in such critical areas as 

employment, housing, public accommodations, transportation, communication, 

recreation, institutionalization, health services, voting and access to public services and 

public facilities;

d. individuals with disabilities continually suffer forms of discrimination, including 

outright intentional exclusion, the discriminatory effects of architectural, 

transportation, and communication barriers, failure to make modifications to existing 

facilities and practices. Exclusionary qualification standards and criteria, segregation, 

and regulation to lesser services, programs, benefits, or other opportunities; and,

e. the continuing existence of unfair and unnecessary discrimination and prejudice denies 

people with disabilities the opportunity to compete on an equal basis and to pursue 

those opportunities for which our country is justifiably famous, and accosts the United 

States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.

42 U.S.C. § 12101(a)(1)-(3),(5) and (9).

27. Congress explicitly stated that the purpose of the ADA was to:

a. provide a clear and comprehensive national mandate for elimination of discrimination 

against individuals with disabilities;

b. provide clear, strong, consistent, enforceable standards addressing discrimination 

against individuals with disabilities; and

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c. invoke the sweep of congressional authority, including the power to enforce the 

fourteenth amendment and to regulate commerce, in order to address the major areas 

of discrimination faced on a daily basis by people with disabilities.

U.S.C. § 12101(b)(1)(2) and (4).

28. Pursuant to 42 U.S.C. § 12182(7), 28 C.F.R. § 36.104 and the 2010 ADA Standards, 

Defendant’s Premises is a place of public accommodation covered by the ADA by the fact it

provides services to the general public and must be in compliance therewith. 

29. Defendant has discriminated and continues to discriminate against Plaintiff and 

others who are similarly situated, by denying access to, and full and equal enjoyment of goods, 

services, facilities, privileges, advantages and/or accommodations located at the Premises, as 

prohibited by 42 U.S.C. § 12182 and 42 U.S.C. § 12101 et. seq., and by failing to remove 

architectural barriers pursuant to 42 U.S.C. § 12182(b)(2)(A)(iv).

30. Plaintiff has visited Premises, and has been denied full and safe equal access to the 

facilities and therefore suffered an injury in fact.

31. Plaintiff would like to return and enjoy the goods and/or services at Premises on a 

spontaneous, full and equal basis. However, Plaintiff is precluded from doing so by the 

Defendant’s failure and refusal to provide disabled persons with full and equal access to their 

facilities. Therefore, Plaintiff continues to suffer from discrimination and injury due to the 

architectural barriers that are in violation of the ADA.

32. Pursuant to the mandates of 42 U.S.C. § 12134(a), on July 26, 1991, the Department 

of Justice, Officer of the Attorney General promulgated Federal Regulations to implement the 

requirements of the ADA. See 28 C.F.R. § 36 and its successor the 2010 ADA Standards ADA 

Accessibility guidelines (hereinafter referred to as “ADAAG”), 28 C.F.R. § 36, under which said 

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Department may obtain civil penalties of up to $55,000.00 for the first violation and $110,000.00 

for and subsequent violation.

33. Based on a preliminary inspection of the Premises, Defendant is in violation of 42 

U.S.C. § 12182 et. seq. and the 2010 American Disabilities Act Standards et. seq., and is 

discriminating against Plaintiff as a result of, inter alia, the following specific violations:

Premises at 1001 W. Oakland Park Boulevard, Oakland Park, Florida 33311

Men's Restroom General

a. Providing a gate or door with a continuous opening pressure of greater than 5 lbs. 

exceeding the limits for a person with a disability in violation of 2010 ADAAG §§ 404, 

404.1, 404.2, 404.2.9 and 309.4.

b. Failure to provide paper towel dispenser at the correct height above the finished floor 

in violation of 2010 ADAAG §§ 606, 606.1 and 308.

Men’s Restroom Accessible Stall

c. Providing grab bars of improper horizontal length or spacing as required along the rear 

or side wall in violation of 2010 ADAAG §§ 604, 604.5, 604.5.1 and 604.5.2.

d. Failure to provide the proper spacing between a grab bar and an object projecting out 

of the wall in violation of 2010 ADAAG §§ 609, 609.1 and 609.3.

e. Failure to provide toilet cover dispenser at the correct height above the finished floor 

in violation of 2010 ADAAG §§ 606, 606.1 and 308.

f. Failure to provide a dispenser in an accessible position (back wall or other inaccessible 

place) so that it can be reached by a person with a disability in violation of 2010 

ADAAG §§ 606, 606.1, 308 and 308.2.2.

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g. Failure to provide toilet paper dispensers in the proper position in front of the water 

closet or at the correct height above the finished floor in violation of 2010 ADAAG §§ 

604, 604.7 and 309.4.

h. Failure to provide the proper insulation or protection for plumbing or other sharp or 

abrasive objects under a sink or countertop in violation of 2010 ADAAG §§ 606 and 

606.5.

i. Failure to provide proper knee clearance for a person with a disability under a counter 

or sink element in violation of 2010 ADAAG §§ 306, 306.1 306.3, 606 and 606.2

Men’s Restroom Ambulatory Stall

j. Failure to provide the proper spacing between a grab bar and an object projecting out 

of the wall in violation of 2010 ADAAG §§ 609, 609.1 and 609.3.

k. Failure to provide toilet paper dispensers in the proper position in front of the water 

closet or at the correct height above the finished floor in violation of 2010 ADAAG §§ 

604, 604.7 and 309.4.

l. Failure to provide the water closet in the proper position relative to the side wall or 

partition in violation of 2010 ADAAG §§ 604 and 604.2.

m. Failure to provide toilet cover dispenser at the correct height above the finished floor 

in violation of 2010 ADAAG §§ 606, 606.1 and 308.

n. Failure to provide a dispenser in an accessible position (back wall or other inaccessible 

place) so that it can be reached by a person with a disability in violation of 2010 

ADAAG §§ 606, 606.1, 308 and 308.2.2.

Premises at 21870 State Road 7, Boca Raton, Florida 33428

Men’s Restroom General

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o. Providing a gate or door with a continuous opening pressure of greater than 5 lbs. 

exceeding the limits for a person with a disability in violation of 2010 ADAAG §§ 404, 

404.1, 404.2, 404.2.9 and 309.4.

p. Providing a swinging door or gate with improper maneuvering clearance(s) due to a 

wall or some other obstruction in violation of 2010 ADAAG §§ 404, 404.1, 404.2, 

404.2.4 and 404.2.4.1.

q. Failure to provide the correct height for a table surface or for a baby changing table, in 

violation of 2010 ADAAG §§902, 902.1, 902.2, 902.3, and/or §4.32.4 of the 1991 ADA 

Standards.

r. Failure to provide paper towel dispenser at the correct height above the finished floor 

in violation of 2010 ADAAG §§ 606, 606.1 and 308.

s. Failure to provide the correct spacing for a forward or parallel approach to an element 

due to a wall or some other obstruction in violation of 2010 ADAAG §§ 305 and 306.

Men’s Restroom Ambulatory Stall 

t. Failure to provide a dispenser in an accessible position (back wall or other inaccessible 

place) so that it can be reached by a person with a disability in violation of 2010 

ADAAG §§ 606, 606.1, 308 and 308.2.2.

u. Failure to provide toilet cover dispenser at the correct height above the finished floor 

in violation of 2010 ADAAG §§ 606, 606.1 and 308.

v. Providing grab bars of improper horizontal length or spacing as required along the rear 

or side wall in violation of 2010 ADAAG §§ 604, 604.5, 604.5.1 and 604.5.2.

w. Failure to provide grab bar(s) in violation of 2010 ADAAG §§ 604, 604.5, 609, 609.4, 

609.1 and 609.3.

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x. Failure to provide operable parts that are functional or are in the proper reach ranges as 

required for a person with a disability in violation of 2010 ADAAG §§ 309, 309.1, 

309.3, 309.4 and 308.

y. Providing a swinging door or gate with improper maneuvering clearance(s) due to a 

wall or some other obstruction in violation of 2010 ADAAG §§ 404, 404.1, 404.2, 

404.2.4 and 404.2.4.1.

z. Failure to provide the water closet in the proper position relative to the side wall or 

partition in violation of 2010 ADAAG §§ 604 and 604.2.

aa. Failure to provide toilet paper dispensers in the proper position in front of the water 

closet or at the correct height above the finished floor in violation of 2010 ADAAG §§ 

604, 604.7 and 309.4.

Men’s Restroom Accessible Stall

bb. Failure to provide the proper spacing between a grab bar and an object projecting out 

of the wall in violation of 2010 ADAAG §§ 609, 609.1 and 609.3.

cc. Failure to provide the proper spacing between a grab bar and an object projecting out 

of the wall in violation of 2010 ADAAG §§ 609, 609.1 and 609.3.

dd. Failure to provide toilet cover dispenser at the correct height above the finished floor 

in violation of 2010 ADAAG §§ 606, 606.1 and 308.

ee. Failure to provide a dispenser in an accessible position (back wall or other inaccessible 

place) so that it can be reached by a person with a disability in violation of 2010 

ADAAG §§ 606, 606.1, 308 and 308.2.2.

ff. Failure to provide the proper spacing between a grab bar and an object projecting out 

of the wall in violation of 2010 ADAAG §§ 609, 609.1 and 609.3.

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gg. Failure to provide operable parts that are functional or are in the proper reach ranges as 

required for a person with a disability in violation of 2010 ADAAG §§ 309, 309.1, 

309.3, 309.4 and 308.

hh. Failure to provide the water closet in the proper position relative to the side wall or

partition in violation of 2010 ADAAG §§ 604 and 604.2.

ii. Failure to provide toilet paper dispensers in the proper position in front of the water 

closet or at the correct height above the finished floor in violation of 2010 ADAAG §§ 

604, 604.7 and 309.4.

jj. Providing grab bars of improper horizontal length or spacing as required along the rear 

or side wall in violation of 2010 ADAAG §§ 604, 604.5, 604.5.1 and 604.5.2.

Premises at 3651 Turtle Creek Drive, Coral Springs, FL 33067

Men’s Restroom General

kk. Failure to provide proper signage for an accessible restroom or failure to redirect a 

person with a disability to the closest available accessible restroom facility in violation 

of 2010 ADAAG §§ 216, 216.2, 216.6, 216.8, 603, 703, 703.1, 703.2, 703.5 and 

703.7.2.1.

ll. Providing a swinging door or gate with improper maneuvering clearance(s) due to a 

wall or some other obstruction in violation of 2010 ADAAG §§ 404, 404.1, 404.2, 

404.2.4 and 404.2.4.1.

mm.Providing a gate or door with a continuous opening pressure of greater than 5 lbs. 

exceeding the limits for a person with a disability in violation of 2010 ADAAG §§ 

404, 404.1, 404.2, 404.2.9 and 309.4.

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nn. Failure to provide paper towel dispenser at the correct height above the finished floor 

in violation of 2010 ADAAG §§ 606, 606.1 and 308.

oo. Failure to provide the correct spacing for a forward or parallel approach to an element 

due to a wall or some other obstruction in violation of 2010 ADAAG §§ 305 and 306.

Men’s Restroom Accessible Stall

pp. Failure to provide the proper insulation or protection for plumbing or other sharp or 

abrasive objects under a sink or countertop in violation of 2010 ADAAG §§ 606 and 

606.5.

qq. Providing sinks and/or countertops that are greater than the 34 inch maximum allowed 

above the finished floor or ground in violation of 2010 ADAAG §§606 and 606.3.

rr. Failure to provide the proper spacing between a grab bar and an object projecting out 

of the wall in violation of 2010 ADAAG §§ 609, 609.1 and 609.3.

ss. Failure to provide a dispenser in an accessible position (back wall or other inaccessible 

place) so that it can be reached by a person with a disability in violation of 2010 

ADAAG §§ 606, 606.1, 308 and 308.2.2.

tt. Providing grab bars of improper horizontal length or spacing as required along the rear 

or side wall in violation of 2010 ADAAG §§ 604, 604.5, 604.5.1 and 604.5.2.

uu. Failure to provide sufficient clear floor space around a water closet without any 

obstructing elements in this space in violation of 2010 ADAAG §§4.22.3, 603, 603.2.3, 

604, 604.3 and 604.3.1.

vv. Failure to provide toilet paper dispensers in the proper position in front of the water 

closet or at the correct height above the finished floor in violation of 2010 ADAAG §§ 

604, 604.7 and 309.4.

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Men’s Restroom Ambulatory Stall

ww. Failure to provide toilet paper dispensers in the proper position in front of the water 

closet or at the correct height above the finished floor in violation of 2010 ADAAG 

§§ 604, 604.7 and 309.4.

xx. Failure to provide toilet cover dispenser at the correct height above the finished floor 

in violation of 2010 ADAAG §§ 606, 606.1 and 308.

yy. Failure to provide a dispenser in an accessible position (back wall or other inaccessible 

place) so that it can be reached by a person with a disability in violation of 2010 

ADAAG §§ 606, 606.1, 308 and 308.2.2.

Premises at 1851 North Federal Highway, Pompano Beach, FL 33062

Men’s Restroom Ambulatory Stall

zz. Failure to provide a coat hook within the proper reach ranges for a person with a 

disability in violation of 2010 ADAAG §§ 603, 603.4 and 308.

aaa. Failure to provide a dispenser in an accessible position (back wall or other 

inaccessible place) so that it can be reached by a person with a disability in violation 

of 2010 ADAAG §§ 606, 606.1, 308 and 308.2.2.

bbb. Failure to provide grab bar(s) in violation of 2010 ADAAG §§ 604, 604.5, 609, 

609.4, 609.1 and 609.3.

ccc. Failure to provide operable parts that are functional or are in the proper reach ranges 

as required for a person with a disability in violation of 2010 ADAAG §§ 309, 309.1, 

309.3, 309.4 and 308.

Men’s Restroom Accessible Stall

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ddd. Failure to provide flush controls located on the open side of the water closet in 

violation of 2010 ADAAG §§309, 309.4, 604 and 604.6

eee. Failure to provide the proper spacing between a grab bar and an object projecting 

out of the wall in violation of 2010 ADAAG §§ 609, 609.1 and 609.3.

fff. Failure to provide toilet paper dispensers in the proper position in front of the water 

closet or at the correct height above the finished floor in violation of 2010 ADAAG 

§§ 604, 604.7 and 309.4.

ggg. Failure to provide operable parts that are functional or are in the proper reach ranges 

as required for a person with a disability in violation of 2010 ADAAG §§ 309, 309.1, 

309.3, 309.4 and 308.

hhh. Failure to provide toilet cover dispenser at the correct height above the finished 

floor in violation of 2010 ADAAG §§ 606, 606.1 and 308.

iii. Failure to provide the proper insulation or protection for plumbing or other sharp or 

abrasive objects under a sink or countertop in violation of 2010 ADAAG §§ 606 and 

606.5.

34. To the best of Plaintiff’s belief and knowledge, Defendant has failed to eliminate 

the specific violations set forth in paragraph 32 herein.

35. Although Defendant is charged with having knowledge of the violations, Defendant 

may not have actual knowledge of said violations until this Complaint makes Defendant aware of 

same.

36. To date, the readily achievable barriers and other violations of the ADA still exist 

and have not been remedied or altered in such a way as to effectuate compliance with the 

provisions of the ADA.

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37. As the owner, lessor, lessee or operator of the Premises, Defendant is required to 

comply with the ADA. To the extent the Premises, or portions thereof, existed and were occupied 

prior to January 26, 1992, the owner, lessor, lessee or operator has been under a continuing 

obligation to remove architectural barriers at the Premises where removal was readily achievable, 

as required by 28 C.F.R. §36.402. 

38. To the extent the Premises, or portions thereof, were constructed for occupancy 

after January 26, 1993 the owner, lessor, lessee or operator of the Premises was under an obligation 

to design and construct such Premises such that it is readily accessible to and usable by individuals 

with disabilities, as required by 28 C.F.R. §36.401.

39. Plaintiff has retained the undersigned counsel for the filing and prosecution of this 

action. Plaintiff is entitled to have his reasonable attorneys’ fees, costs and expenses paid by 

Defendant, pursuant to 42 U.S.C. § 12205.

40. All of the above violations are readily achievable to modify in order to bring 

Premises or the Facility/Property into compliance with the ADA.

41. In instance(s) where the 2010 ADAAG standard does not apply, the 1991 ADAAG 

standard applies and all of the violations listed in paragraph 32 herein can be applied to the 1991 

ADAAG standards.

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

Plaintiff’s injunctive relief, including an order to alter the subject facility to make them readily 

accessible to and useable by individuals with disabilities to the extent required by the ADA and 

closing the Subject Facility until the requisite modifications are completed.

WHEREFORE, Plaintiff demands judgment against Defendant and requests the following 

injunctive and declaratory relief:

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1. That this Court declares that Premises owned, operated and/or controlled by 

Defendant is in violation of the ADA;

2. That this Court enter an Order requiring Defendant to alter their facilities to make 

them accessible to and usable by individuals with disabilities to the full extent 

required by Title III of the ADA;

3. That this Court enter an Order directing the Defendant to evaluate and neutralize 

their policies, practices and procedures toward persons with disabilities, for such 

reasonable time so as to allow the Defendant to undertake and complete corrective 

procedures to Premises;

4. That this Court award reasonable attorney’s fees, all costs (including, but not 

limited to the court costs and expert fees) and other expenses of suit to the Plaintiff; 

and,

5. That this Court award such other and further relief as it may deem necessary, just 

and proper.

COUNT II 

BREACH OF CONTRACT

39. Plaintiff adopts and re-alleges the allegations stated in paragraphs 1 through 22 

above as if fully stated herein.

40. On or about May 24, 2016, Plaintiff and Defendant entered into a Settlement 

Agreement and Release. (Exhibit A). Through this settlement agreement, Defendant agreed to 

make modifications to Defendant’s Premises as outlined in the agreement. The Settlement 

Agreement and Release required Defendant to complete all modifications to the Premises by on or 

about November 20, 2016.

Case 9:20-cv-80836-RKA Document 1 Entered on FLSD Docket 05/26/2020 Page 18 of 21
41. Plaintiff has performed all conditions precedent to be performed by him under the 

Agreement.

42. Since November 20, 2016, Defendant has failed to complete the modifications

promised in the settlement agreement. Specifically, Defendant has failed to perform the following 

modifications:

Premises at 1001 W. Oakland Park Boulevard, Oakland Park, Florida 33311

Men's Restroom

a. Door Pressure: Modify the door opening pressure so that it does not exceed 5 pounds. 

Men’s Disabled Stall

b. Lavatory Plumbing Pipes: Wrap the pipes so that they are protected against contact

c. Toilet Seat Cover Dispenser: Move the toilet seat cover dispenser to the partition in 

front of the toilet and mount it no higher than 48 inches. 

d. Toilet Paper Dispenser: Relocate the toilet paper dispenser so that it is 1.5 inches below 

the side grab bar. Further, ensure that the centerline of the toilet paper dispenser is 

between 7 and 9 inches in front of the toilet. 

Premises at 21870 State Road 7, Boca Raton, Florida 33428

Men’s Restroom Accessible Stall

e. Toilet Paper Dispenser: Relocate the toilet paper dispenser so that it is either 12 inches 

above the side grab bar and not higher than 48 inches above the floor OR install it 1.5 

inches below the side grab bar. Further adjust the location of the toilet paper dispenser 

so that the centerline of the dispenser is between 7 and 9 inches in front of the toilet. 

f. Side Wall Grab Bar: Move the side wall grab bar so that is it 12 inches from the back 

wall and at a height between 33 to 36 inches above the floor. 

Case 9:20-cv-80836-RKA Document 1 Entered on FLSD Docket 05/26/2020 Page 19 of 21
g. Toilet Bowl: Install an offset flange to adjust the location of the toilet so that it is closer 

to the side wall and so that the centerline of the toilet is within 16 to 18 inch from the 

side wall. 

Premises at 3651 Turtle Creek Drive, Coral Springs, FL 33067

Men’s Restroom Accessible Stall

h. Moveable Trash Can: Remove the trash can from the clear floor space surrounding the 

toilet and move it completely out of the stall. 

i. Lavatory Plumbing Pipes: Wrap the pipes so that they are protected against contact. 

j. Toilet Paper Dispenser: Relocate the toilet paper dispenser so that it is either 12 inches 

above the side grab bar and not higher than 48 inches above the floor OR install it 1.5 

inches below the side grab bar. Further, adjust the location of the toilet paper dispenser 

so that the centerline of the dispenser is between 7 and 9 inches in front of the toilet. 

Premises at 1851 North Federal Highway, Pompano Beach, FL 33062

Men’s Restroom 

k. Lavatory Plumbing Pipes: Wrap the pipes so that they are protected against contact

Men’s Restroom Accessible Stall

l. Toilet Seat Cover Dispenser: Move the toilet seat cover dispenser to the partition in 

front of the toilet and mount it no higher than 48 inches. 

m. Toilet Paper Dispenser: Relocate the toilet paper dispenser so that it is either 12 inches 

above the side grab bar and not higher than 48 inches above the floor OR install it 1.5 

inches below the side grab bar. Further, adjust the location of the toilet paper dispenser 

so that the centerline of the dispenser is between 7 and 9 inches in front of the toilet. 

Case 9:20-cv-80836-RKA Document 1 Entered on FLSD Docket 05/26/2020 Page 20 of 21
43. Plaintiff has been damaged by the defendant’s breach of the settlement agreement. 

Specifically, Plaintiff has had to retain the services of the undersigned attorney to pursue this action 

for breach of contract.

WHEREFORE, Plaintiff demands judgment against Defendant and requests the following 

injunctive and declaratory relief:

1. That this Court declares that Defendant has failed to comply with the Settlement 

Agreement and Release;

2. That this Court enter an Order requiring Defendant to alter their facilities to make 

them accessible to and usable by individuals with disabilities to the full extent 

required by Title III of the ADA;

3. That this Court award reasonable attorney’s fees, all costs (including, but not 

limited to the court costs and expert fees) and other expenses of suit to the Plaintiff

and as provided in the Settlement Agreement and Release; and,

4. That this Court award such other and further relief as it may deem necessary, just 

and proper.

Dated May 26, 2020.

Sconzo Law Office, P.A.

3825 PGA Boulevard, Suite 207

Palm Beach Gardens, FL 33410

Telephone: (561) 729-0940

Facsimile: (561) 491-9459

By: /s/ Gregory S. Sconzo 

GREGORY S. SCONZO, ESQUIRE

Florida Bar No.: 0105553

Service Email: sconzolaw@gmail.com

Primary Email: greg@sconzolawoffice.com

Case 9:20-cv-80836-RKA Document 1 Entered on FLSD Docket 05/26/2020 Page 21 of 21