UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 

DOUG LONGHINI,

Plaintiff,

v.

FLAGLER 251, INC. and FAVAS PIZZA, 

INC.,

Defendants.

______________________________________/

COMPLAINT

Plaintiff, DOUG LONGHINI, individually and on behalf of all other similarly situated 

mobility-impaired individuals (hereinafter “Plaintiff”), sues FLAGLER 251, INC. and FAVAS 

PIZZA, INC., (hereinafter “Defendants”), and as grounds alleges:

JURISDICTION, PARTIES. AND VENUE

1. This is an action for injunctive relief, a declaration of rights, attorneys' fees,

litigation expenses, and costs pursuant to 42 U.S.C. § 12181, et seq., (the “Americans with

Disabilities Act” or “ADA”) and 28 U.S.C. §§ 2201 and 2202.

2. The Court has original jurisdiction over Plaintiff’s claims arising under 42 U.S.C. 

§ 12181, et seq. pursuant to 28 U.S.C. §§ 1331, 1343 and 42 U.S.C. § 12117(a).

3. The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 2201 and

2202, and may render declaratory judgment on the existence or nonexistence of any right under 42 

U.S.C. § 12181, et seq.

4. Plaintiff, DOUG LONGHINI, is an individual over eighteen years of age, with a 

residence in Miami-Dade County, Florida, and is otherwise sui juris.

5. At all material times, Defendant FLAGLER 251, INC. and operated a commercial 

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property located at 255 E Flagler Street, Miami, Florida and 40 NE 3rd Avenue, Miami, Florida1

(hereinafter the “Commercial Property”) and conducted a substantial amount of business in that 

place of public accommodation in Miami-Dade County, Florida.

6. At all material times Defendant FLAGLER 251, INC. was a Florida Profit 

Corporation organized under the laws of the state of Florida with its principal place of business in 

Miami, Florida and conducted a substantial amount of business in Miami-Dade County, Florida. 

7. At all material times, Defendant FAVAS PIZZA, INC. owned and operated a

retail restaurant business at the Commercial Property and conducted a substantial amount of 

business in that place of public accommodation in Miami-Dade County, Florida. Defendant holds 

itself out to the public as “Favas Pizza.”

8. At all material times Defendant FAVAS PIZZA, INC. was a Florida Profit 

Corporation organized under the laws of the state of Florida, with its principal place of business in 

Miami, Florida and conducted a substantial amount of business in Miami-Dade County, Florida. 

9. Venue is properly located in the Southern District of Florida because Defendants’

Commercial Property is located in Miami-Dade County, Florida, Defendants regularly conduct 

business within Miami-Dade, Florida, and because a substantial part(s) of the events or omissions 

giving rise to these claims occurred in Miami-Dade, Florida.

FACTUAL ALLEGATIONS

10. Although over twenty-eight (28) years have passed since the effective date of Title 

III of the ADA, Defendants have yet to make its facilities accessible to individuals with disabilities. 

11. Congress provided commercial businesses one and a half years to implement the

1 The Properties share many common elements including, walkways. However, despite the common ownership, the 

Properties span two parcels pursuant to the Miami-Dade Property Appraiser. Patrons would be unaware of the 

changes in parcels as they traverse the Property. The Properties share common ownership. 

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Act. The effective date was January 26, 1992. In spite of this abundant lead-time and the

extensive publicity the ADA has received since 1990, Defendants continue to discriminate against 

people who are disabled in ways that block them from access and use of Defendants’ businesses 

and properties.

12. The ADA prohibits discrimination on the basis of disability in 28 CFR 36.201 and 

requires landlords and tenants to be liable for compliance

13. Plaintiff, DOUG LONGHINI, is an individual with disabilities as defined by and 

pursuant to the ADA. DOUG LONGHINI uses a wheelchair to ambulate. DOUG LONGHINI

has very limited use of his hands and cannot operate any mechanisms which require tight grasping 

or twisting of the wrist. He also has a great deal of trouble walking or otherwise ambulating 

without the use of a wheelchair. He is limited in his major life activities by such, including but 

not limited to walking, standing, grabbing, grasping and/or pinching. 

14. Defendant, FLAGLER 251, INC., owns, operates and oversees the Commercial

Property, its general parking lot and parking spots. 

15. Defendant and FAVAS PIZZA, INC. owns, operated and oversees the retail 

Restaurant. 

16. The subject Commercial Property and businesses therein are open to the public 

and located in Miami, Miami-Dade County, Florida. 

17. The individual Plaintiff visits the Commercial Property and businesses located 

within the Commercial Property, regularly, to include a visit to the Commercial Property and

businesses located within the Commercial Property on or about June 10, 2020, and encountered 

multiple violations of the ADA that directly affected his ability to use and enjoy the Commercial 

Property and businesses located therein. He often visits the Commercial Property and businesses

located within the Commercial Property in order to avail himself of the goods and services offered 

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there, and because it is approximately twenty (20) miles from his residence, and is near his friends’ 

residences as well as other businesses and restaurants he frequents as a patron. He plans to return 

to the Commercial Property and the businesses located within the Commercial Property within 

two (2) months from the date of the filing of this Complaint. 

18. Plaintiff is the President of National Alliance for Accessibility, Inc. and often 

travels through South Florida to conduct outreach activities on behalf of National Alliance for 

Accessibility, Inc. Many members and prospective members have transportation difficulties which 

requires Plaintiff to travel to visit members and prospective members. 

19. Defendants’ place of public accommodation is located in the urban core of Miami, 

the Downtown Miami area which is a busy shopping area with cultural and event venues. 

20. Plaintiff resides nearby in the same County and state as the Commercial Property

and the businesses located within the Commercial Property, has regularly frequented the 

Defendants’ Commercial Property and the businesses located within the Commercial Property for 

the intended purposes because of the proximity to his and his friends’ residences and other 

businesses that he frequents as a patron, and intends to return to the Commercial Property and

businesses located within the Commercial Property within two (2) months from the filing of this 

Complaint. In addition to this, the Plaintiff is often in the Downtown area for mediations and other 

events related to his activities to improve accessibility for the disabled under the ADA. 

21. The Plaintiff found the Commercial Property, and the businesses located within

the Commercial Property to be rife with ADA violations. The Plaintiff encountered architectural 

barriers at the Commercial Property, and businesses located within the Commercial Property and

wishes to continue his patronage and use of each of the premises.

22. The Plaintiff has encountered architectural barriers that are in violation of the 

ADA at the subject Commercial Property, and businesses located within the Commercial Property. 

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The barriers to access at Defendants’ Commercial Property, and the businesses located within the 

Commercial Property have each denied or diminished Plaintiff’s ability to visit the Commercial 

Property, and businesses located within the Commercial Property, and have endangered his safety

in violation of the ADA. The barriers to access, which are set forth below, have likewise posed a 

risk of injury(ies), embarrassment, and discomfort to Plaintiff, DOUG LONGHINI, and others 

similarly situated.

23. Defendants, FLAGLER 251, INC. and FAVAS PIZZA, INC., own and operate a 

place of public accommodation as defined by the ADA and the regulations implementing the ADA, 

28 CFR 36.201 (a) and 36.104. Defendants, FLAGLER 251, INC. and FAVAS PIZZA, INC., are

responsible for complying with the obligations of the ADA. The place of public accommodation 

that Defendants, FLAGLER 251, INC. and FAVAS PIZZA, INC., own and operate, the 

Commercial Property Business located at 255 E Flagler Street, Miami, Florida and 40 NE 3rd 

Avenue, Miami, Florida.

24. Plaintiff, DOUG LONGHINI, has a realistic, credible, existing and continuing

threat of discrimination from the Defendants’ non-compliance with the ADA with respect to the 

described Commercial Property and the businesses located within the Commercial Property,

including but not necessarily limited to the allegations in Counts I and II of this Complaint. 

Plaintiff has reasonable grounds to believe that he will continue to be subjected to discrimination 

at the Commercial Property, and businesses located within the Commercial Property, in violation 

of the ADA. Plaintiff desires to visit the Commercial Property and businesses located therein, not 

only to avail himself of the goods and services available at the Commercial Property, and 

businesses located within the Commercial Property, but to assure himself that the Commercial

Property and businesses located within the Commercial Property are in compliance with the ADA,

so that he and others similarly situated will have full and equal enjoyment of the Commercial

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Property, and businesses located within the Commercial Property without fear of discrimination.

25. Defendant, FLAGLER 251, INC., as landlord and owner of the Commercial

Property, is responsible for all ADA violations listed in Counts I and II of this Complaint.

26. Plaintiff, DOUG LONGHINI, has a realistic, credible, existing and continuing 

threat of discrimination from the Defendants’ non-compliance with the ADA with respect to the 

described Commercial Property and businesses located within the Commercial Property, but not 

necessarily limited to the allegations in Counts I and II of this Complaint. Plaintiff has reasonable 

grounds to believe that he will continue to be subjected to discrimination at the Commercial

Property, and businesses within the Commercial Property, in violation of the ADA. Plaintiff 

desires to visit the Commercial Property and businesses within the Commercial Property, not only 

to avail himself of the goods and services available at the Commercial Property and businesses 

located within the Commercial Property, but to assure himself that the Commercial Property, and

businesses located within the Commercial Property are in compliance with the ADA, so that he 

and others similarly situated will have full and equal enjoyment of the Commercial Property, and 

businesses located within the Commercial Property without fear of discrimination. 

27. Defendants have discriminated against the individual Plaintiff by denying him 

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

and/or accommodations of the Commercial Property, and businesses located within the 

Commercial Property, as prohibited by 42 U.S.C. § 12182 et seq.

COUNT I - ADA VIOLATIONS

(AS TO DEFENDANT FLAGLER 251, INC.)

28. The Plaintiff adopts and re-alleges the allegations set forth in paragraphs 1 

through 25 above as though fully set forth herein.

29. Defendant, FLAGLER 251, INC., has discriminated, and continues to 

discriminate, against Plaintiff in violation of the ADA by failing, inter alia, to have accessible 

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facilities by January 26, 1992 (or January 26, 1993, if a Defendant has 10 or fewer employees and 

gross receipts of $500,000 or less). A list of the violations that Plaintiff encountered during his 

visit to the Commercial Property, include but are not limited to, the following:

A. Entrance Access and Path of Travel

i. There are objects on the path of travel at the facility that protrude more than the maximum 

allowable, violating Section 4.4.1 of ADAAG and Section 307.2 of the 2010 ADA Standards, 

whose resolution is readily achievable.

ii. The Plaintiff had difficulty traversing the path of travel due to abrupt changes in level. 

Violation: There are changes in levels of greater than 1⁄2 inch, violating Sections 4.3.8 and 4.5.2 

of the ADAAG and Section 303 of the 2010 ADA Standards, whose resolution is readily 

achievable.

iii. The Plaintiff had difficulty traversing the path of travel, as there are inaccessible paths of travel. 

Violation: There are inaccessible routes without directional signage to the location of an 

accessible route between sections of the facility, violating Sections 4.1.3(7c) & 4.30.7(1) of 

the ADAAG and Sections 216.3, 216.6, & 703.7.2.1 of the 2010 ADA Standards, whose 

resolution is readily achievable.

iv. The Plaintiff could not traverse through areas of the facility, as the required 36” path is not 

provided. Violation: A continuous path of travel connecting all essential elements of the 

facility is not provided, violating Sections 4.2.1, 4.3.2(2), & 4.3.3 of the ADAAG and Sections 

206.2.2 & 403.5.1 of the 2010 ADA Standards, whose resolution is readily achievable.

B. Access to Goods and Services

i. There is seating provided at the facility that does not comply with the standards prescribed in 

Section 4.32 of the ADAAG and Sections 226 & 902 of the 2010 ADA Standards, whose 

resolution is readily achievable.

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COUNT II- ADA VIOLATIONS

(AS TO DEFENDANT FLAGLER 251, INC.)

30. The Plaintiff adopts and re-alleges the allegations set forth in paragraphs 1 

through 25 above as though fully set forth herein.

31. Defendant, FLAGLER 251, INC., has discriminated, and continues to 

discriminate, against Plaintiff in violation of the ADA by failing, inter alia, to have accessible 

facilities by January 26, 1992 (or January 26, 1993, if a Defendant has 10 or fewer employees and 

gross receipts of $500,000 or less). A list of the violations that Plaintiff encountered during his 

visit to the Commercial Property, include but are not limited to, the following:

A. Public Restrooms

i. The Plaintiff had difficulty using the locking mechanism on the restroom door without 

assistance, as it requires tight grasping. Violation: The restroom door has non-compliant 

hardware for disabled patrons, violating Sections 4.13.9 & 4.27.4 of the ADAAG and Sections 

309.4 & 404.2.7 of the 2010 ADA Standards, whose resolution is readily achievable.

ii. The Plaintiff could not use the mirror, as it is mounted too high. Violation: The mirrors 

provided in the restrooms are in violation of the requirements in Section 4.19.6 of the ADAAG 

and Section 603.3 of the 2010 ADA Standards, whose resolution is readily achievable.

iii. The Plaintiff could not transfer to the toilet without assistance, as a trashcan obstructed the 

clear floor space. Violation: The required clear floor space is not provided next to the toilet, 

violating Section 4.16.2 & Figure 28 of the ADAAG, 28 CFR 36.211, and 604.3 of the 2010 

ADA Standards, whose resolution is readily achievable.

iv. The Plaintiff could not flush the toilet without assistance, as the flush valve is not mounted on 

the wide area. Violation: The flush valve is not mounted on the compliant side in violation of 

Section 4.16.5 of the ADAAG and Section 604.6 of the 2010 ADA Standards, whose resolution 

is readily achievable.

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v. The Plaintiff had difficulty using the toilet without assistance, as it is not mounted at the 

required distance from the side wall. Violation: The water closet is mounted at a non-compliant 

distance from the side wall, violating Section 4.16.2 and Figure 28 of the ADAAG and Section 

604.2 of the 2010 ADA Standards, whose resolution is readily achievable.

vi. The Plaintiff could not transfer to the toilet without assistance, as the side grab bar is not at the 

required location. Violation: The grab bars do not comply with the requirements prescribed in 

Section 4.16.4 & Figure 29 of the ADAAG and Section 604.5.1 of the 2010 ADA Standards, 

whose resolution is readily achievable.

vii. The Plaintiff could not transfer to the toilet without assistance, as objects are mounted less than 

11⁄2“ below a grab bar obstructing its use. Violation: The grab bars do not comply with the 

requirements prescribed in Sections 4.16.4 & 4.26.2 of the ADAAG and Section and 609.3 of 

the 2010 ADA Standards, whose resolution is readily achievable.

RELIEF SOUGHT AND THE BASIS

32. The discriminatory violations described in Counts I and II are not an exclusive list 

of the Defendants’ ADA violations. Plaintiff requests an inspection of the Defendants’ places of 

public accommodation in order to photograph and measure all of the discriminatory acts violating 

the ADA and barriers to access in conjunction with Rule 34 and timely notice. Plaintiff further 

requests to inspect any and all barriers to access that were concealed by virtue of the barriers' 

presence, which prevented Plaintiff, DOUG LONGHINI, from further ingress, use, and equal 

enjoyment of the Commercial Business and businesses located within the Commercial Property; 

Plaintiff requests to be physically present at such inspection in conjunction with Rule 34 and timely 

notice. A complete list of the Subject Premises’ ADA violations, and the remedial measures 

necessary to remove same, will require an on-site inspection by Plaintiff’s representatives pursuant 

to Federal Rule of Civil Procedure 34.

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33. The individual Plaintiff, and all other individuals similarly situated, have been 

denied access to, and have been denied full and equal enjoyment of the goods, services, facilities 

privileges, benefits, programs and activities offered by Defendants, Defendants’ buildings, 

businesses and facilities; and has otherwise been discriminated against and damaged by the 

Defendants because of the Defendants’ ADA violations as set forth above. The individual 

Plaintiff, and all others similarly situated, will continue to suffer such discrimination, injury and 

damage without the immediate relief provided by the ADA as requested herein. In order to remedy 

this discriminatory situation, The Plaintiff requires an inspection of the Defendants’ place of public 

accommodation in order to determine all of the areas of non-compliance with the Americans with 

Disabilities Act.

34. Defendants have discriminated against the individual Plaintiff by denying him 

access to full and equal enjoyment of the goods, services, facilities, privileges, advantages and/or 

accommodations of its place of public accommodation or commercial facility, in violation of 42 

U.S.C. § 12181 et seq. and 28 CFR 36.302 et seq. Furthermore, the Defendants continue to 

discriminate against Plaintiff, and all those similarly situated, by failing to make reasonable 

modifications in policies, practices or procedures, when such modifications are necessary to afford 

all offered goods, services, facilities, privileges, advantages or accommodations to individuals with 

disabilities; and by failing to take such efforts that may be necessary to 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.

35. Plaintiff is without adequate remedy at law, will suffer irreparable harm, and has

a clear legal right to the relief sought. Further, injunctive relief will serve the public interest and 

all those similarly situated to Plaintiff. Plaintiff has retained the undersigned counsel and is 

entitled to recover attorneys’ fees, costs and litigation expenses from Defendants pursuant to 42 

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U.S.C. § 12205 and 28 CFR 36.505. 

36. Defendants are required to remove the existing architectural barriers to the 

physically disabled when such removal is readily achievable for their place of public 

accommodation, The Plaintiff and all others similarly situated, will continue to suffer such 

discrimination, injury and damage without the immediate relief provided by the ADA as requested 

herein. In order to remedy this discriminatory situation, The Plaintiff requires an inspection of the 

Defendants’ place of public accommodation in order to determine all of the areas of noncompliance with the Americans with Disabilities Act. 

37. Notice to Defendants is not required as a result of the Defendants’ failure to cure 

the violations by January 26, 1992 (or January 26, 1993, if a Defendant has 10 or fewer employees 

and gross receipts of $500,000 or less). All other conditions precedent have been met by Plaintiff

or waived by the Defendants.

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

Plaintiff Injunctive Relief, including an order to alter the property where Defendants operates its

businesses, located at and/or within the commercial property located at 255 E Flagler Street, 

Miami, Florida and 40 NE 3rd Avenue, Miami, Florida, the exterior areas, and the common 

exterior areas of the Commercial Property and businesses located within the Commercial Property, 

to make those facilities readily accessible and useable to The Plaintiff and all other mobilityimpaired persons; or by closing the facility until such time as the Defendants cure the violations 

of the ADA.

WHEREFORE, The Plaintiff, DOUG LONGHINI, respectfully requests that this 

Honorable Court issue (i) a Declaratory Judgment determining Defendants at the commencement 

of the subject lawsuit were and are in violation of Title III of the Americans with Disabilities Act, 

42 U.S.C. § 12181 et seq.; (ii) Injunctive relief against Defendants including an order to make all 

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readily achievable alterations to the facilities; or to make such facilities readily accessible to and 

usable by individuals with disabilities to the extent required by the ADA; and to require Defendants

to make reasonable modifications in policies, practices or procedures, when such modifications 

are necessary to afford all offered goods, services, facilities, privileges, advantages or 

accommodations to individuals with disabilities; and by failing to take such steps that may be 

necessary to 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; (iii) An award of attorneys’ fees, costs and litigation expenses pursuant to 42 U.S.C. § 

12205; and (iv) such other relief as the Court deems just and proper, and/or is allowable under 

Title III of the Americans with Disabilities Act.

Dated: July 13, 2020

GARCIA-MENOCAL & PEREZ, P.L.

Attorneys for Plaintiff

4937 S.W. 74th Court

Miami, Florida 33155

Telephone: (305) 553-3464

Facsimile: (305) 553-3031

Primary E-Mail: ajperez@lawgmp.com

Secondary E-Mails: bvirues@lawgmp.com

 aquezada@lawgmp.com

By: ___/s/_Anthony J. Perez________

ANTHONY J. PEREZ

Florida Bar No.: 535451

BEVERLY VIRUES

Florida Bar No.: 123713

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