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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No.

CHRISTOPHER HANSEN,

Plaintiff, 

Las Vinas Investments, LLC. and

Las Vinas BBQ, Inc.,

 

Defendants.

________________________________/ 

COMPLAINT

Plaintiff, CHRISTOPHER HANSEN, by his undersigned counsel, hereby files this 

Complaint and sues, Las Vinas Investments, LLC. and Las Vinas BBQ, Inc., for injunctive relief 

pursuant to the Americans with Disabilities Act, 42 U.S.C. § 12181, et seq., (hereinafter the 

“A.D.A”), the ADA’s Accessibility Guidelines, 28 C.F.R. Part 36 (hereinafter the “ADAAG”), 

and the Florida Building Code.

JURISDICTION

1. This Court has original jurisdiction over the action pursuant to 28 U.S.C., §§1331 

and 1343 for Plaintiff’s claims arising under 42 U.S.C. § 12181. et seq., based upon 

Defendant’s violations of Title III of the ADA (see also, 28 U.S.C. §§ 2201 and 2202).

PARTIES

2. Plaintiff, CHRISTOPHER HANSEN, is a lifelong resident of Florida and 

currently lives in Miami, and is sui juris. He is a qualified individual with disabilities under the 

ADA law. Christopher is a partial quadriplegic, as a result of a skim boarding accident in 2003. 

He is required to ambulate in a wheelchair. Mr. Hansen owns his own vehicle and does drive. He 

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has visited the property which forms the basis of this lawsuit and plan to return to the property to 

avail himself of the goods and services offered to the public at the property, and to determine 

whether the property has been made ADA compliant. His access to the facility and/or full and 

equal enjoyment of the goods, services, facilities, privileges, advantages, and/or accommodations 

offered therein was denied and/or limited because of these disabilities, and will be denied and/or 

limited in the future unless and until Defendants are compelled to remove the physical barriers to 

access and ADA violations which exist at the facility, including but not limited, to those set forth 

in the Complaint.

3. Independent of his personal desire to have access to this place of public 

accommodation free of illegal barriers to access Plaintiff is an advocate of the rights of similarly 

situated disabled persons and is a "tester" for the purpose of asserting his civil rights and 

monitoring, ensuring, and determining whether places of public accommodation are in 

compliance with the ADA. 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 the Premises. In this instance, Plaintiff, in Plaintiff's 

individual capacity and as a "tester", visited the Premises, encountered barriers to access at the 

Premises, 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 

violations of the ADA 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.

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4. Defendant, Las Vinas Investments, LLC. is an limited liability company who 

transacts business in the State of Florida and within this judicial district. Defendant is the 

owner/lessor of the property located at 3935 E 4th Ave, Hialeah, FL.

4a. Defendant, Las Vinas BBQ, Inc., is a domestic corporation which transacts 

business in the State of Florida and within this judicial district. Defendant is the lessee of the 

property located at 3935 E 4th Ave, Hialeah, FL and operates a restaurant at the property.

5. The Defendants’ facility is a public accommodation and service establishment, 

and although required by law to do so, it is not in compliance with the ADA and ADAAG.

 6. In this instance, Mr. Hansen visited the facility and encountered barriers to access 

at the facility, and engaged barriers, suffered legal harm and injury, and will continue to suffer 

legal harm and injury as a result of the illegal barriers to access, and Defendants' ADA 

violations set forth herein.

7. Plaintiff has suffered and continues to suffer direct and indirect injury as a result 

of the ADA violations that exist at the facility and the actions or inactions described herein. 

 8. All events giving rise to this lawsuit occurred in the State of Florida. Venue is 

proper in this Court as the premises are located in the Southern District. 

FACTUAL ALLEGATIONS AND CLAIM

 9. Mr. Hansen has attempted to and has, to the extent possible, accessed the facility, 

but could not do so because of his disabilities due to the physical barriers to access, dangerous 

conditions and ADA violations that exist at the facility that restrict and/or limit his access to the 

facility and/or the goods, services, facilities, privileges, advantages and/or accommodations 

offered therein, including those barriers, conditions and ADA violations more specifically set 

forth in this Complaint.

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 10. Mr. Hansen intends to visit the facility again in the near future in order to utilize 

all of the goods, services, facilities, privileges, advantages, and/or accommodations commonly 

offered at the facility, but will be unable to do so because of his disability due to the physical 

barriers to access, dangerous conditions and ADA violations that exist at the facility that restrict 

and/or limit his access to the facility and/or accommodations offered therein, including those 

barriers conditions and ADA violations more specifically set forth in this Complaint.

 11. Defendants have discriminated against Plaintiff and others with disabilities by 

denying access to, and full and equal enjoyment of the goods, services, facilities, privileges, 

advantages and/or accommodations of the facility, as prohibited by 42 U.S.C., § 12182, et.seq., 

and by failing to remove architectural barriers as required by 42 U.S.C., § 12182(b)(2)(A)(iv), 

and will continue to discriminate against Plaintiff and others with disabilities unless and until 

Defendants are compelled to remove all physical barriers that exist at the facility, including 

those specifically set forth herein, and make the facility accessible to and usable by persons 

with disabilities, including Plaintiff.

12. Defendants have discriminated against Mr. Hansen by failing to comply with the 

above requirements. A specific, although not exclusive, list of unlawful physical barriers, 

dangerous conditions and ADA violations which preclude and/or limit Plaintiff’s ability 

(because of his disability) to access the facility and/or full and equal enjoyment of the goods, 

services, facilities, privileges, advantages and/or accommodations of the facility include: 

I. ACCESSIBLE PARKING NOT PROVIDED AS REQUIRED WITHIN 

EXISTING PARKING AREA AT PROPERTY.

a. ADAAG 208 Parking Spaces ADAAG 208.1 General. ADAAG 208.2 

Minimum Number

II. INACCESSIBLE ENTRANCE. ACCESSIBLE MEANS OF EGRESS 

NOT PROVIDED AS REQUIRED. INACCESSIBLE TRAVEL PATH 

THRU PARKING LOT ACCESSIBLE ROUTE THRU PARKING LOT 

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NOT PROVIDED. REQUIRED CLEAR WIDTH NOT PROVIDED AT 

TRAVEL PATH THRU PARKING LOT.

a. ADAAG 206 Accessible Routes ADAAG 206.1 General. Accessible 

routes shall be provided in accordance with 206 and shall comply with 

Chapter 4. ADAAG 206.2 Where Required. Accessible routes shall be 

provided where required by 206.2. ADAAG 206.2.1 Site Arrival 

Points. At least one accessible route shall be provided within the site 

from accessible parking spaces and accessible passenger loading 

zones; public streets and sidewalks; and public transportation stops to 

the accessible building or facility entrance they serve. ADAAG 206.4 

Entrances. Entrances shall be provided in accordance with 206.4. 

Entrance doors, doorways, and gates shall comply with 404 and shall 

be on an accessible route complying with 402. ADAAG 206.4.1 Public 

Entrances. In addition to entrances required by 206.4.2 through 

206.4.9, at least 60 percent of all public entrances shall comply with 

404. ADAAG 207 Accessible Means of Egress ADAAG 207.1 

General. Means of egress shall comply with section 1003.2.13 of the 

International Building Code (2000 edition and 2001 Supplement) or 

section 1007 of the International Building Code (2003 edition) 

(incorporated by reference, “Referenced Standards” in Chapter 1). 

ADAAG 402 Accessible Routes ADAAG 402.1 General. Accessible 

routes shall comply with 402.

ADAAG 402.2 Components. Accessible routes shall consist of one or 

more of the following components: walking surfaces with a running 

slope not steeper than 1:20, doorways, ramps, curb ramps excluding 

the flared sides, elevators, and platform lifts. All components of an 

accessible route shall comply with the applicable requirements of 

Chapter 4. ADAAG 403.5.1 Clear Width.

III. INACCESSIBLE TRAVEL PATH FROM PUBLIC SIDEWALK TO 

ENTRANCE. ACCESSIBLE ROUTE FROM PUBLIC SIDEWALK TO 

ENTRANCE NOT PROVIDED. REQUIRED CLEAR WIDTH NOT 

PROVIDED AT TRAVEL PATH FROM PUBLIC SIDEWALK TO 

ENTRANCE.

a. ADAAG 206 Accessible Routes ADAAG 206.1 General. Accessible 

routes shall be provided in accordance with 206 and shall comply with 

Chapter 4. ADAAG 206.2 Where Required. Accessible routes shall be 

provided where required by 206.2. ADAAG 206.2.1 Site Arrival 

Points. At least one accessible route shall be provided within the site 

from accessible parking spaces and accessible passenger loading 

zones; public streets and sidewalks; and public transportation stops to 

the accessible building or facility entrance they serve. ADAAG 206.4 

Entrances. Entrances shall be provided in accordance with 206.4. 

Entrance doors, doorways, and gates shall comply with 404 and shall 

be on an accessible route complying with 402. ADAAG 206.4.1 Public 

Entrances. In addition to entrances required by 206.4.2 through 

206.4.9, at least 60 percent of all public entrances shall comply with 

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404. ADAAG 207 Accessible Means of Egress ADAAG 207.1 

General. Means of egress shall comply with section 1003.2.13 of the 

International Building Code (2000 edition and 2001 Supplement) or 

section 1007 of the International Building Code (2003 edition) 

(incorporated by reference, “Referenced Standards” in Chapter 1). 

ADAAG 402 Accessible Routes ADAAG 402.1 General. Accessible 

routes shall comply with 402.

ADAAG 402.2 Components. Accessible routes shall consist of one or 

more of the following components: walking surfaces with a running 

slope not steeper than 1:20, doorways, ramps, curb ramps excluding 

the flared sides, elevators, and platform lifts. All components of an 

accessible route shall comply with the applicable requirements of 

Chapter 4. ADAAG 403.5.1 Clear Width.

IV. RAISED CURB BETWEEN THE BALUSTRADES RUNNING ALONG 

THE EDGE OF THE CURB AT THE FIRST OF THREE TRAVEL 

PATHS TO ENTRANCE ACTS AS A BARRIER TO ACCESSIBILITY.

a. ADAAG 206 Accessible Routes ADAAG 206.1 General. Accessible 

routes shall be provided in accordance with 206 and shall comply with 

Chapter 4. ADAAG 206.2 Where Required. Accessible routes shall be 

provided where required by 206.2. ADAAG 206.2.1 Site Arrival 

Points. At least one accessible route shall be provided within the site 

from accessible parking spaces and accessible passenger loading 

zones; public streets and sidewalks; and public transportation stops to 

the accessible building or facility entrance they serve. ADAAG 206.4 

Entrances. Entrances shall be provided in accordance with 206.4. 

Entrance doors, doorways, and gates shall comply with 404 and shall 

be on an accessible route complying with 402. ADAAG 206.4.1 Public 

Entrances. In addition to entrances required by 206.4.2 through 

206.4.9, at least 60 percent of all public entrances shall comply with 

404. ADAAG 207 Accessible Means of Egress ADAAG 207.1 

General. Means of egress shall comply with section 1003.2.13 of the 

International Building Code (2000 edition and 2001 Supplement) or 

section 1007 of the International Building Code (2003 edition) 

(incorporated by reference, “Referenced Standards” in Chapter 1). 

ADAAG 403 Walking Surfaces ADAAG 403.4 Changes in Level. 

Changes in level shall comply with 303 ADAAG 303.4 Ramps

V. RAISED CURB BETWEEN THE BALUSTRADES RUNNING ALONG 

THE EDGE OF THE CURB AT THE SECOND OF THREE TRAVEL 

PATHS TO ENTRANCE ACTS AS A BARRIER TO ACCESSIBILITY

a. ADAAG 206 Accessible Routes ADAAG 206.1 General. Accessible 

routes shall be provided in accordance with 206 and shall comply with 

Chapter 4. ADAAG 206.2 Where Required. Accessible routes shall be 

provided where required by 206.2. ADAAG 206.2.1 Site Arrival 

Points. At least one accessible route shall be provided within the site 

from accessible parking spaces and accessible passenger loading 

zones; public streets and sidewalks; and public transportation stops to 

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the accessible building or facility entrance they serve. ADAAG 206.4 

Entrances. Entrances shall be provided in accordance with 206.4. 

Entrance doors, doorways, and gates shall comply with 404 and shall 

be on an accessible route complying with 402. ADAAG 206.4.1 Public 

Entrances. In addition to entrances required by 206.4.2 through 

206.4.9, at least 60 percent of all public entrances shall comply with 

404. ADAAG 207 Accessible Means of Egress ADAAG 207.1 

General. Means of egress shall comply with section 1003.2.13 of the 

International Building Code (2000 edition and 2001 Supplement) or 

section 1007 of the International Building Code (2003 edition) 

(incorporated by reference, “Referenced Standards” in Chapter 1). 

ADAAG 403 Walking Surfaces ADAAG 403.4 Changes in Level. 

Changes in level shall comply with 303 ADAAG 303.4 Ramps. 

Changes in level greater than 1⁄2 inch high shall be ramped, and shall 

comply with 405 or 406.

VI. INACCESSIBLE TRAVEL PATH TO CURB RAMP BETWEEN THE 

BALUSTRADES RUNNING ALONG THE EDGE OF THE CURB AT 

THE THIRD OF THREE TRAVEL PATHS TO ENTRANCE. 

REQUIRED CLEAR WIDTH NOT PROVIDED AT TRAVEL PATH TO 

CURB RAMP BETWEEN THE BALUSTRADES RUNNING ALONG 

THE EDGE OF THE CURB AT THE THIRD OF THREE TRAVEL 

PATHS TO ENTRANCE.

a. ADAAG 206 Accessible Routes ADAAG 206.1 General. Accessible 

routes shall be provided in accordance with 206 and shall comply with

Chapter 4. ADAAG 206.2 Where Required. Accessible routes shall be 

provided where required by 206.2. ADAAG 206.2.1 Site Arrival 

Points. At least one accessible route shall be provided within the site 

from accessible parking spaces and accessible passenger loading 

zones; public streets and sidewalks; and public transportation stops to 

the accessible building or facility entrance they serve. ADAAG 206.4 

Entrances. Entrances shall be provided in accordance with 206.4. 

Entrance doors, doorways, and gates shall comply with 404 and shall 

be on an accessible route complying with 402. ADAAG 206.4.1 Public 

Entrances. In addition to entrances required by 206.4.2 through 

206.4.9, at least 60 percent of all public entrances shall comply with 

404. ADAAG 207 Accessible Means of Egress ADAAG 207.1 

General. Means of egress shall comply with section 1003.2.13 of the 

International Building Code (2000 edition and 2001 Supplement) or 

section 1007 of the International Building Code (2003 edition) 

(incorporated by reference, “Referenced Standards” in Chapter 1). 

ADAAG 402 Accessible Routes ADAAG 402.1 General. Accessible 

routes shall comply with 402.

ADAAG 402.2 Components. Accessible routes shall consist of one or 

more of the following components: walking surfaces with a running 

slope not steeper than 1:20, doorways, ramps, curb ramps excluding 

the flared sides, elevators, and platform lifts. All components of an 

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accessible route shall comply with the applicable requirements of 

Chapter 4. ADAAG 403.5.1 Clear Width.

VII. INACCESSIBLE EXTERIOR DINING AREA. RAISED CURB 

BETWEEN THE BALUSTRADES RUNNING ALONG THE EDGE OF 

THE CURB AT THE FIRST OF THREE TRAVEL PATHS TO 

EXTERIOR DINING AREA ACTS AS A BARRIER TO 

ACCESSIBILITY.

a. ADAAG 206 Accessible Routes ADAAG 206.1 General. Accessible 

routes shall be provided in accordance with 206 and shall comply with 

Chapter 4. ADAAG 206.2 Where Required. Accessible routes shall be 

provided where required by 206.2. ADAAG 206.2.1 Site Arrival 

Points. At least one accessible route shall be provided within the site 

from accessible parking spaces and accessible passenger loading 

zones; public streets and sidewalks; and public transportation stops to 

the accessible building or facility entrance they serve. ADAAG 206.4 

Entrances. Entrances shall be provided in accordance with 206.4. 

Entrance doors, doorways, and gates shall comply with 404 and shall 

be on an accessible route complying with 402. ADAAG 206.4.1 Public 

Entrances. In addition to entrances required by 206.4.2 through 

206.4.9, at least 60 percent of all public entrances shall comply with 

404. ADAAG 207 Accessible Means of Egress ADAAG 207.1 

General. Means of egress shall comply with section 1003.2.13 of the 

International Building Code (2000 edition and 2001 Supplement) or 

section 1007 of the International Building Code (2003 edition) 

(incorporated by reference, “Referenced Standards” in Chapter 1). 

ADAAG 403 Walking Surfaces ADAAG 403.4 Changes in Level. 

Changes in level shall comply with 303 ADAAG 303.4 Ramps

VIII. RAISED CURB BETWEEN THE BALUSTRADES RUNNING ALONG 

THE EDGE OF THE CURB AT THE SECOND OF THREE TRAVEL 

PATHS TO EXTERIOR DINING AREA ACTS AS A BARRIER TO 

ACCESSIBILITY.

a. ADAAG 206 Accessible Routes ADAAG 206.1 General. Accessible 

routes shall be provided in accordance with 206 and shall comply with 

Chapter 4. ADAAG 206.2 Where Required. Accessible routes shall be 

provided where required by 206.2. ADAAG 206.2.1 Site Arrival 

Points. At least one accessible route shall be provided within the site 

from accessible parking spaces and accessible passenger loading 

zones; public streets and sidewalks; and public transportation stops to 

the accessible building or facility entrance they serve. ADAAG 206.4 

Entrances. Entrances shall be provided in accordance with 206.4. 

Entrance doors, doorways, and gates shall comply with 404 and shall 

be on an accessible route complying with 402. ADAAG 206.4.1 Public 

Entrances. In addition to entrances required by 206.4.2 through 

206.4.9, at least 60 percent of all public entrances shall comply with 

404. ADAAG 207 Accessible Means of Egress ADAAG 207.1 

General. Means of egress shall comply with section 1003.2.13 of the 

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International Building Code (2000 edition and 2001 Supplement) or 

section 1007 of the International Building Code (2003 edition) 

(incorporated by reference, “Referenced Standards” in Chapter 1). 

ADAAG 403 Walking Surfaces ADAAG 403.4 Changes in Level. 

Changes in level shall comply with 303 ADAAG 303.4 Ramps.

IX. INACCESSIBLE TRAVEL PATH TO CURB RAMP BETWEEN THE 

BALUSTRADES RUNNING ALONG THE EDGE OF THE CURB AT 

THE THIRD OF THREE TRAVEL PATHS TO EXTERIOR DINING 

AREA. REQUIRED CLEAR WIDTH NOT PROVIDED AT TRAVEL 

PATH TO CURB RAMP BETWEEN THE BALUSTRADES RUNNING 

ALONG THE EDGE OF THE CURB AT THE THIRD OF THREE 

TRAVEL PATHS TO EXTERIOR DINING AREA.

a. ADAAG 206 Accessible Routes ADAAG 206.1 General. Accessible 

routes shall be provided in accordance with 206 and shall comply with 

Chapter 4. ADAAG 206.2 Where Required. Accessible routes shall be 

provided where required by 206.2. ADAAG 206.2.1 Site Arrival 

Points. At least one accessible route shall be provided within the site 

from accessible parking spaces and accessible passenger loading 

zones; public streets and sidewalks; and public transportation stops to 

the accessible building or facility entrance they serve. ADAAG 206.4 

Entrances. Entrances shall be provided in accordance with 206.4. 

Entrance doors, doorways, and gates shall comply with 404 and shall 

be on an accessible route complying with 402. ADAAG 206.4.1 Public 

Entrances. In addition to entrances required by 206.4.2 through 

206.4.9, at least 60 percent of all public entrances shall comply with 

404. ADAAG 207 Accessible Means of Egress ADAAG 207.1 

General. Means of egress shall comply with section 1003.2.13 of the 

International Building Code (2000 edition and 2001 Supplement) or 

section 1007 of the International Building Code (2003 edition) 

(incorporated by reference, “Referenced Standards” in Chapter 1). 

ADAAG 402 Accessible Routes ADAAG 402.1 General. Accessible 

routes shall comply with 402.

ADAAG 402.2 Components. Accessible routes shall consist of one or 

more of the following components: walking surfaces with a running 

slope not steeper than 1:20, doorways, ramps, curb ramps excluding 

the flared sides, elevators, and platform lifts. All components of an 

accessible route shall comply with the applicable requirements of 

Chapter 4. ADAAG 403.5.1 Clear Width.

X. INACCESSIBLE DINING TABLES LOCATED AT EXTERIOR 

DINING AREA. REQUIRED MINIMUM CLEAR FLOOR SPACE 

POSITIONED FOR A FORWARD APPROACH NOT PROVIDED AT 

DINING TABLES LOCATED AT EXTERIOR DINING AREA.

a. ADAAG 226 Dining Surfaces and Work Surfaces ADAAG 226.1 

General. Where dining surfaces are provided for the consumption of 

food or drink, at least 5 percent of the seating spaces and standing 

spaces at the dining surfaces shall comply with 902.

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ADAAG 902.2 Clear Floor or Ground Space. A clear floor space 

complying with 305 positioned for a forward approach shall be 

provided. Knee and toe clearance complying with 306 shall be 

provided. ADAAG 305.3 Size.

XI. INACCESSIBLE SERVICE COUNTER. NON-COMPLIANT HEIGHT 

OF SERVICE COUNTER EXCEEDS MAXIMUM HEIGHT 

ALLOWANCE.

a. ADAAG227 Sales and Service ADAAG 227.1 General. Where 

provided, check-out aisles, sales counters, service counters, food 

service lines, queues, and waiting lines shall comply with 227 and 904. 

ADAAG 904.4 Sales and Service Counters. Sales counters and 

service counters shall comply with 904.4.1 or 904.4.2. The accessible 

portion of the counter top shall extend the same depth as the sales or 

service counter top. ADAAG 904.4.1 Parallel Approach.

XII. INACCESSIBLE MEN'S RESTROOM. REQUIRED MINIMUM 

MANEUVERING CLEARANCE NOT PROVIDED AT DOOR OF 

MEN'S RESTROOM. 

a. ADAAG 404.2.4 Maneuvering Clearances

XIII. NON-COMPLIANT DOOR LOCK AT DOOR OF MEN'S RESTROOM 

REQUIRES TWISTING OF THE WRIST.

a. ADAAG 404.2.7 Door and Gate Hardware. Handles, pulls, latches, 

locks, and other operable parts on doors and gates shall comply with 

309.4 ADAAG 309.4 Operation

XIV. REQUIRED MINIMUM TURNING SPACE NOT PROVIDED IN 

MEN'S RESTROOM.

a. ADAAG 603 Toilet and Bathing Rooms ADAAG 603.1 General. 

Toilet and bathing rooms shall comply with 603. ADAAG 603.2 

Clearances. Clearances shall comply with 603.2. ADAAG 603.2.1 

Turning Space. Turning space complying with 304 shall be provided 

within the room. ADAAG 304.3.1 Circular Space.

XV. INACCESSIBLE WATER CLOSET IN MEN'S RESTROOM. 

REQUIRED MINIMUM CLEARANCE NOT PROVIDED AT WATER 

CLOSET IN MEN'S RESTROOM. 

a. ADAAG 604 Water Closets and Toilet Compartments ADAAG 604.3 

Clearance. Clearances around water closets and in toilet 

compartments shall comply with 604.3. ADAAG 604.3.1 Size

XVI. REQUIRED GRAB BAR NOT PROVIDED ON REAR WALL OF 

WATER CLOSET IN MEN'S RESTROOM.

a. ADAAG 604.5 Grab Bars.

XVII. INACCESSIBLE LAVATORY IN MEN'S RESTROOM. REQUIRED 

MINIMUM CLEAR FLOOR SPACE NOT PROVIDED AT 

LAVATORY IN MEN'S RESTROOM.

a. ADAAG 606 Lavatories and Sinks ADAAG 606.2 Clear Floor Space. 

A clear floor space complying with 305, positioned for a forward 

approach, and knee and toe clearance complying with 306 shall be

provided. ADAAG 305.3 Size.

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XVIII. REQUIRED MINIMUM KNEE AND TOE CLEARANCE NOT 

PROVIDED AT LAVATORY IN MEN'S RESTROOM.

a. ADAAG 606 Lavatories and Sinks ADAAG 606.2 Clear Floor Space. 

A clear floor space complying with 305, positioned for a forward 

approach, and knee and toe clearance complying with 306 shall be 

provided. ADAAG 306.2 Toe Clearance. ADAAG 306.2.3 Minimum 

Required Depth. Where toe clearance is required at an element as part 

of a clear floor space, the toe clearance shall extend 17 inches (430 

mm) minimum under the element. ADAAG 306.2.5 Width. Toe 

clearance shall be 30 inches (760 mm) wide minimum. ADAAG 

306.3 Knee Clearance. ADAAG 306.3.3 Minimum Required Depth. 

Where knee clearance is required under an element as part of a clear 

floor space, the knee clearance shall be 11 inches deep minimum at 9 

inches above the ground, and 8 inches deep minimum at 27 inches 

(685 mm) above the finish floor or ground. ADAAG 306.3.5 Width.

XIX. INSULATION OF PIPES AND WATER LINES UNDER THE 

LAVATORY IN MEN'S RESTROOM NOT PROVIDED AS 

REQUIRED.

a. ADAAG 606.5 Exposed Pipes and Surfaces.

XX. INACCESSIBLE PAPER TOWEL DISPENSER IN MEN'S 

RESTROOM. NON COMPLIANT MOUNTED HEIGHT OF PAPER 

TOWEL DISPENSER IN MEN'S RESTROOM EXCEEDS MAXIMUM 

HEIGHT ALLOWANCE.

a. ADAAG Advisory 606.1 General. If soap and towel dispensers are 

provided, they must be located within the reach ranges specified in 

308. ADAAG 308.2 Forward Reach. ADAAG 308.2.1 Unobstructed. 

Where a forward reach is unobstructed, the high forward reach shall be 

48 inches maximum and the low forward reach shall be 15 inches 

minimum above the finish floor or ground. ADAAG 308.2.2 

Obstructed High Reach. Where a high forward reach is over an 

obstruction, the clear floor space shall extend beneath the element for a 

distance not less than the required reach depth over the obstruction. 

The high forward reach shall be 48 inches maximum where the reach 

depth is 20 inches maximum. Where the reach depth exceeds 20 

inches, the high forward reach shall be 44 inches maximum and the 

reach depth shall be 25 inches maximum. ADAAG 308.3 Side Reach. 

ADAAG 308.3.1 Unobstructed. Where a clear floor or ground space 

allows a parallel approach to an element and the side reach is 

unobstructed, the high side reach shall be 48 inches maximum and the 

low side reach shall be 15 inches minimum above the finish floor or 

ground. ADAAG 308.3.2 Obstructed High Reach.

XXI. INACCESSIBLE MIRROR IN MEN'S RESTROOM. NON 

COMPLIANT MOUNTED HEIGHT OF MIRROR IN MEN'S 

RESTROOM EXCEEDS MAXIMUM HEIGHT ALLOWANCE.

a. ADAAG 603.3 Mirrors.

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XXII. INACCESSIBLE WOMEN'S RESTROOM. REQUIRED MINIMUM 

MANEUVERING CLEARANCE NOT PROVIDED AT DOOR OF 

WOMEN'S RESTROOM. 

a. ADAAG 404.2.4 Maneuvering Clearances.

XXIII. NON-COMPLIANT DOOR LOCK AT DOOR OF WOMEN'S 

RESTROOM REQUIRES TWISTING OF THE WRIST.

a. ADAAG 404.2.7 Door and Gate Hardware. Handles, pulls, latches, 

locks, and other operable parts on doors and gates shall comply with 

309.4 ADAAG 309.4 Operation.

XXIV. REQUIRED MINIMUM TURNING SPACE NOT PROVIDED IN 

WOMEN'S RESTROOM.

a. ADAAG 603 Toilet and Bathing Rooms ADAAG 603.1 General. 

Toilet and bathing rooms shall comply with 603. ADAAG 603.2 

Clearances. Clearances shall comply with 603.2. ADAAG 603.2.1 

Turning Space. Turning space complying with 304 shall be provided 

within the room. ADAAG 304.3.1 Circular Space.

XXV. INACCESSIBLE WATER CLOSET IN WOMEN'S RESTROOM. 

REQUIRED MINIMUM CLEARANCE NOT PROVIDED AT WATER 

CLOSET IN WOMEN'S RESTROOM. 

a. ADAAG 604 Water Closets and Toilet Compartments ADAAG 604.3 

Clearance. Clearances around water closets and in toilet 

compartments shall comply with 604.3. ADAAG 604.3.1 Size.

XXVI. REQUIRED GRAB BAR NOT PROVIDED ON REAR WALL OF 

WATER CLOSET IN WOMEN'S RESTROOM.

a. ADAAG 604.5 Grab Bars. 

XXVII. INACCESSIBLE LAVATORY IN WOMEN'S RESTROOM. 

REQUIRED MINIMUM CLEAR FLOOR SPACE NOT PROVIDED AT 

LAVATORY IN WOMEN'S RESTROOM.

a. ADAAG 606 Lavatories and Sinks ADAAG 606.2 Clear Floor Space. 

A clear floor space complying with 305, positioned for a forward 

approach, and knee and toe clearance complying with 306 shall be 

provided. ADAAG 305.3 Size. 

XXVIII. REQUIRED MINIMUM KNEE AND TOE CLEARANCE NOT 

PROVIDED AT LAVATORY IN WOMEN'S RESTROOM.

a. ADAAG 606 Lavatories and Sinks ADAAG 606.2 Clear Floor Space. 

A clear floor space complying with 305, positioned for a forward 

approach, and knee and toe clearance complying with 306 shall be 

provided. ADAAG 306.2 Toe Clearance. ADAAG 306.2.3 Minimum 

Required Depth. Where toe clearance is required at an element as part 

of a clear floor space, the toe clearance shall extend 17 inches (430 

mm) minimum under the element. ADAAG 306.2.5 Width. Toe 

clearance shall be 30 inches (760 mm) wide minimum. ADAAG 

306.3 Knee Clearance. ADAAG 306.3.3 Minimum Required Depth. 

Where knee clearance is required under an element as part of a clear 

floor space, the knee clearance shall be 11 inches deep minimum at 9 

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inches above the ground, and 8 inches deep minimum at 27 inches 

(685 mm) above the finish floor or ground. ADAAG 306.3.5 Width.

XXIX. INACCESSIBLE PAPER TOWEL DISPENSER IN WOMEN'S 

RESTROOM. NON COMPLIANT MOUNTED HEIGHT OF PAPER 

TOWEL DISPENSER IN WOMEN'S RESTROOM EXCEEDS 

MAXIMUM HEIGHT ALLOWANCE.

a. ADAAG Advisory 606.1 General. If soap and towel dispensers are 

provided, they must be located within the reach ranges specified in 

308. ADAAG 308.2 Forward Reach. ADAAG 308.2.1 Unobstructed. 

Where a forward reach is unobstructed, the high forward reach shall be 

48 inches maximum and the low forward reach shall be 15 inches 

minimum above the finish floor or ground. ADAAG 308.2.2 

Obstructed High Reach. Where a high forward reach is over an 

obstruction, the clear floor space shall extend beneath the element for a 

distance not less than the required reach depth over the obstruction. 

The high forward reach shall be 48 inches maximum where the reach 

depth is 20 inches maximum. Where the reach depth exceeds 20 

inches, the high forward reach shall be 44 inches maximum and the 

reach depth shall be 25 inches maximum. ADAAG 308.3 Side Reach. 

ADAAG 308.3.1 Unobstructed. Where a clear floor or ground space 

allows a parallel approach to an element and the side reach is 

unobstructed, the high side reach shall be 48 inches maximum and the 

low side reach shall be 15 inches minimum above the finish floor or 

ground. ADAAG 308.3.2 Obstructed High Reach.

XXX. INACCESSIBLE MIRROR IN WOMEN'S RESTROOM. NON 

COMPLIANT MOUNTED HEIGHT OF MIRROR IN WOMEN'S 

RESTROOM EXCEEDS MAXIMUM HEIGHT ALLOWANCE.

a. ADAAG 603.3 Mirrors. 

XXXI. INACCESSIBLE BABY CHANGING TABLE LOCATED IN 

WOMEN'S RESTROOM. REQUIRED CLEAR FLOOR SPACE NOT 

PROVIDED AT THE BABY CHANGING TABLE LOCATED IN 

WOMEN'S RESTROOM.

a. Advisory 604.8.1.1 Size.

XXXII. NON-COMPLIANT POSITION OF THE BABY CHANGING TABLE 

OBSTRUCTS THE REQUIRED MINIMUM SPACE REQUIRED AT 

THE WATER CLOSET IN WOMEN'S RESTROOM.

a. Advisory 604.8.1.1 Size.

13. The above listing is not to be considered all-inclusive of the barriers, conditions or 

violations encountered by Plaintiff and/or which exist at the facility. Plaintiff requires an 

inspection of the facility in order to determine all of the discriminatory acts violating the ADA. 

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14. Mr. Hansen has attempted to gain access to the facility, but because of his 

disability has been denied access to, and has been denied the benefits of services, programs, and 

activities of the facility, and has otherwise been discriminated against and damaged by 

Defendants, because of the physical barriers, dangerous conditions and ADA violations set forth 

above, and expects to be discriminated against in the future, unless and until Defendants are 

compelled to remove the unlawful barriers and conditions and comply with the ADA. 

15. The removal of the physical barriers, dangerous conditions and ADA violations set 

forth herein is readily achievable and can be accomplished and carried out without much 

difficulty or expense. 42 U.S.C. § 12182(B)(2)(A)(iv); 42 U.S.C. § 12181(9); 28 C.F.R, § 

36.304.

16. Plaintiff is without adequate remedy at law and is suffering irreparable harm, and 

reasonably anticipates that he will continue to suffer irreparable harm unless and until Defendant 

is required to remove the physical barriers, dangerous conditions and ADA violations that exist 

at the facility, including those set forth herein. 

17. The Plaintiff has been obligated to retain undersigned counsel for the filing and 

prosecution of this action. The Plaintiff is entitled to have his reasonable attorney’s fees, costs 

and expenses paid by the Defendants, pursuant to 42 U.S.C., §§ 12205 and 12217.

18. Pursuant to 42 U.S.C. §12188(a), this Court is provided with authority to grant 

injunctive relief to Plaintiff, including an order to alter the subject facility to make it 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 respectfully requests that the Court issue a permanent 

injunction enjoining Defendants from continuing is discriminatory practices, ordering 

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Defendants to remove the physical barriers to access and alter the subject facility to make it 

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

ADA, closing the subject facility until the barriers are removed and requisite alterations are 

completed, and awarding Plaintiff his reasonable attorney’s fees, expert fees, costs and litigation 

expenses incurred in this action.

Respectfully submitted,

s/ Lauren Wassenberg

 LAUREN WASSENBERG, ESQ.

 Attorney for Plaintiff

 Florida Bar No. 34083

 1825 NW Corporate Drive

 Suite 110

 Boca Raton, Florida 33431

 Ph: (561) 571-0646

s/ Glenn Goldstein, Esq. 

Glenn Goldstein, Esq. 

150 SE 2nd Ave Ste 805 

Miami, FL 33131-1574 

ggoldstein@g2legal.net

Fl Bar No.: 55873 

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