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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No.

CHRISTOPHER HANSEN,

 Plaintiff,

vs.

WESTLAND COMMERCE PARK LLC,

NEW JERSEY AUTO PARTS INC.,

HIALEAH’S FINEST DETAIL CUTZ, INC, 

TRANSAV CONSULTING LLC d/b/a 

MIAMI BLINDS,

CHARLES CAR STEREO LLC, and

EL TALISMAN RESTAURANT, INC.

 Defendants.

COMPLAINT

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

Complaint and sues Defendants, WESTLAND COMMERCE PARK LLC, NEW JERSEY 

AUTO PARTS INC., HIALEAH’S FINEST DETAIL CUTZ, INC, TRANSAV CONSULTING 

LLC d/b/a MIAMI BLINDS, CHARLES CAR STEREO LLC, and EL TALISMAN 

RESTAURANT, 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

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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 

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 

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corrected without Court intervention, and thus Plaintiff will suffer legal harm and injury in the 

near future.

4. Defendant, WESTLAND COMMERCE PARK LLC, is a Florida 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 3875-3887 W. 16th Ave., Hialeah, FL 

33012.

5. Defendant, NEW JERSEY AUTO PARTS INC., is a Florida corporation which 

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

of the property located at 3875 W. 16th Ave., Hialeah, FL 33012 and operates a restaurant at the 

property.

6. Defendant, HIALEAH’S FINEST DETAIL CUTZ, INC, is a Florida corporation

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

lessee of the property located at 3881 W. 16th Ave., Hialeah, FL 33012 and operates a restaurant

at the property.

7. Defendant, TRANSAV CONSULTING LLC d/b/a MIAMI BLINDS, is a Florida

limited liability company which transacts business in the State of Florida and within this judicial 

district. Defendant is the lessee of the property located at 3883 W. 16th Ave., Hialeah, FL 33012 

and operates a restaurant at the property.

8. Defendant, CHARLES CAR STEREO LLC, is a Florida limited liability 

company which transacts business in the State of Florida and within this judicial district. 

Defendant is the lessee of the property located at 3885 W. 16th Ave., Hialeah, FL 33012 and 

operates a restaurant at the property.

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9. Defendant, EL TALISMAN RESTAURANT, INC, is a Florida corporation which 

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

of the property located at 3887 W. 16th Ave., Hialeah, FL 33012 and operates a restaurant at the 

property.

10. 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.

11. 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.

12. 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. 

13. 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

14. 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.

15. 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 

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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.

16. 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.

17. 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: 

Violations at 3875 W. 16 Ave., (New Jersey Auto Parts, Inc.)

I. ACCESSIBLE PARKING NOT PROVIDED AS REQUIRED WITHIN 

EXISTING PARKING AREA AT PROPERTY.

II. INACCESSIBLE ENTRANCE.

ACCESSIBLE ROUTE TO ESTABLISHMENT NOT PROVIDED AS 

REQUIRED.

ACCESSIBLE MEANS OF EGRESS NOT PROVIDED AS REQUIRED.

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EXISTING CURB AT TRAVEL PATH LEADING TO ENTRANCE 

ACTS AS A BARRIER TO ACCESSIBILITY.

COMPLIANT RAMP NOT PROVIDED AS REQUIRED AT EXISTING 

CURB AT TRAVEL PATH LEADING TO ENTRANCE.

III. NON-COMPLIANT EXISTING CURB RAMP AT TRAVEL PATH 

LEADING OT ENTRANCE.

NON-COMPLIANT SLOPE OF CURB RAMP AT TRAVEL PATH 

LEADING TO ENTRANCE EXCEEDS MAXIMUM SLOPE 

ALLOWANCE.

IV. NON-COMPLIANT LOCATION OF EXISTING CURB RAMP 

PROJECTS INTO THE DIRECT PATH OF VEHICULAR TRAFFIC. 

V. EXISTING STEP AT ENTRANCE ACTS AS A BARRIER TO 

ACCESSIBILITY. REQUIRED RAMP NOT PROVIDED FOR STEP 

AT ENTRANCE. 

VI. INACCESSIBLE SERVICE COUNTER.

NON-COMPLIANT HEIGHT OF SERVICE COUNTER EXCEED 

MAXIMUM HEIGHT ALLOWANCE.

Violations at 3881 W. 16th Ave. (Hialeah’s Finest Detailed Cuts)

VII. ACCESSIBLE PARKING NOT PROVIDED AS REQUIRED WITHIN 

EXISTING PARKING AREA AT PROPERTY.

VIII. INACCESSIBLE ENTRANCE.

ACCESSIBLE ROUTE TO ESTABLISHMENT NOT PROVIDED AS 

REQUIRED.

ACCESSIBLE MEANS OF EGREES NOT PROVIDED AS 

REQUIRED.

EXISTING CURB AT TRAVEL PATH LEADING TO ENTRANCE 

ACTS AS A BARRIER TO ACCESSIBILITY.

COMPLIANT RAMP NOT PROVIDED AS REQUIRED AT EXISTING

CURB AT TRAVEL PATH LEADING TO ENTRANCE.

IX. NON-COMPLIANT EXISTING CURB RAMP AT TRAVEL PATH 

LEADING TO ENTRANCE.

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NON-COMPLIANT SLOPE OF CURB RAMP AT TRAVEL PATH 

LEADING TO ENTRANCE EXCEEDS MAXIMUM SLOPE 

ALLOWANCE.

X. NON-COMPLIANT LOCATION OF EXISTING CURB RAMP 

PROJECTS INTO THE DIRECT PATH OF VEHICULAR TRAFFIC.

XI. EXISTING STEP AT ENTRANCE ACTS AS A BARRIER TO 

ACCESSIBILITY.

REQUIRED RAMP NOT PROVIDED FOR STEP AT ENTRANCE.

XII. REQUIRED MINIMUM MANEUVERING CLEARANCE NOT 

PROVIDED AT ENTRANCE DOOR.

NON-COMPLIANT CHANGE IN FLOOR LEVEL WITHIN 

REQUIRED MANEUVERING CLEARANCE AT ENTRANCE DOOR.

Violations at 3883 W. 16th Ave (Miami Blinds Factory)

XIII. ACCESSIBLE PARKING NOT PROVIDED AS REQUIRED WITHIN 

EXISTING PARKING AREA AT PROPERTY.

XIV. INACCESSIBLE ENTRANCE.

ACCESSIBLE ROUTE TO ESTABLISHMENT NOT PROVIDED AS 

REQUIRED.

ACCESSIBLE MEANS OF EGRESS NOT PROVIDED AS REQUIRED.

EXISTING CURB AT TRAVEL PATH LEADING TO ENTRANCE 

ACTS AS A BARRIER TO ACCESSIBILITY.

COMPLIANT RAMP NOT PROVIDED AS REQUIRED AT EXISTING 

CRUB AT TRAVEL PATH LEADING TO ENTRANCE.

XV. NON-COMPLIANT EXISTING CURB RAMP AT TRAVEL PATH 

LEADING TO ENTRANCE.

NON-COMPLIANT SLOPE OF CURB RAMP AT TRAVEL PATH 

LEADING TO ENTRANCE EXCEEDS MAXIMUM SLOPE 

ALLOWANCE.

XVI. NON-COMPLIANT LOCATION OF EXISTING CURB RAMP 

PROJECTS INTO THE DIRECT PATH OF VEHICULAR TRAFFIC.

XVII. EXISTING STEP AT ENTRANCE ACTS AS A BARRIER TO 

ACCESSIBILITY.

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REQUIRED RAMP NOT PROVIDED FOR STEP AT ENTRANCE.

XVIII. DOOR AND OTHER ITEMS BLOCKING MAIN TRAVEL PATH IN 

FRONT OF SHOPPING CENTER.

XIX. NON-COMPLIANT HEIGHT OF CONSUMER GOODS.

XX. REQUIRED MINIMUM MANEUVERING CLEARANCE NOT 

PROVIDED AT ENTRANCE DOOR.

NON-COMPLIANT CHANGE IN FLOOR LEVEL WITHIN 

REQUIRED MANEUVERING CLEARANCE AT ENTRANCE DOOR.

Violations at 3885 W. 16th Ave., (Charles Car Stereo LLC)

XXI. ACCESSIBLE PARKING NOT PROVIDED AS REQUIRED WITHIN 

EXISTING PARKING AREA.

XXII. INACCESSIBLE ENTRANCE.

ACCESSIBLE ROUTE TO ESTABLISHMENT NOT PROVIDED AS 

REQUIRED.

ACCESSIBLE MEANS OF EGRESS NOT PROVIDED AS REQUIRED.

EXISTING CURB AT TRAVEL PATH LEADING TO ENTRANCE 

ACTS AS BARRIER TO ACCESSIBILITY.

COMPLIANT RAMP NOT PROVIDED AS REQUIRED AT EXISTING 

CURB AT TRAVEL PATH LEADING TO ENTRANCE.

XXIII. NON-COMPLIANT EXSITING CURB RAMP AT TRAVEL PATH 

LEADING TO ENTRANCE.

NON-COMPLIANT SLOPE OF CURB RAMP AT TRAVEL PATH 

LEADING TO ENTRANCE EXCEEDS MAXIMUM SLOPE 

ALLOWANCE.

XXIV. NON-COMPLIANT LOCATION OF EXISTING CURB RAMP 

PROJECTS INTO THE DIRECT PATH OF VEHICULAR TRAFFIC.

XXV. EXISTING STEP AT ENTRANCE ACTS AS A BARRIER TO 

ACCESSIBILITY.

REQUIRED RAMP NOT PROVIDED FOR STEP AT ENTRANCE.

XXVI. REQUIRED MINIMUM MANEUVERING CLEARANCE NOT 

PROVIDED AT ENTRANCE DOOR.

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NON-COMPLIANT CHANGE IN FLOOR LEVEL WITHIN 

REQUIRED MANEUVERING CLEARANCE AT ENTRANCE DOOR.

Violations at 3887 W. 16th Ave. (El Talisman Restaurant)

XXVII. ACCESSIBLE PARKING NOT PROVIDED AS REQUIRED WIHTIN 

EXISTING PARKING AREA AT PROPERTY.

XXVIII. INACCESSIBLE ENTRANCE.

ACCESSIBLE TOURE TO ESTABLISHMENT NOT PROVIDED AS 

REQUIRED.

ACCESSIBLE MEANS OF EGRESS NOT PROVIDED AS REQUIRED.

EXISTING CURB AT TRAVEL PATH LEADING TO ENTRANCE 

ACTS AS A BARRIER TO ACCESSIBILITY.

COMPLIANT RAMP NOT PROVIDED AS REQUIRED AT EXISTING 

CURB AT TRAVEL PATH LEADING TO ENTRANCE.

XXIX. NON-COMPLIANT EXISTING CURB RAMP AT TRAVEL PATH 

LEADING TO ENTRANCE.

NON-COMPLIANT SLOPE OF CURB RAMP AT TRAVEL PATH 

LEADING TO ENTRANCE EXCEEDS MAXIMUM SLOPE 

ALLOWANCE.

XXX. NON-COMPLIANT LOCATION OF EXISTING CRUB RAMP 

PROJECTS INTO THE DIRECT PATH OF VEHICULAR TRAFFIC.

XXXI. EXISTING STEP AT DOOR OF THE FIRS TOF TWO ENTRANCES 

ACTS AS A BARRIER TO ACCESSIBILITY.

REQUIRED RAMP NOT PROVIDED FOR STEP AT DOOR OF THE 

FIRST OF TWO ENTRANCES.

XXXII. REQUIRED MINIMUM MANEUVERING CLEARANCE NOT 

PROVIDED AT DOOR OF FIRST OF TWO ENTRANCES.

NON-COMPLIANT CHANGE IN FLOOR LEVEL WITHIN 

REQUIRED MANEUVERING CLEARANCE AT DOOR OF THE 

FIRST TWO ENTRANCES.

XXXIII. EXISTING STEP AT DOOR OF THE SECOND OF TWO 

ENTRANCES ACTS AS A BARRIER TO ACCESSIBILITY.

REQUIRED RAMP NOT PROVIDED FOR STEP AT DOOR OF THE 

SECOND OF TWO ENTRANCES.

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XXXIV. INACCESSIBLE DINING TABLES.

REQUIRED MINIMUM KNEE AND TOE CLEARANCE NOT 

PROVIDED AT DINING TABLES.

A MINIMUM PERCENTAGE OF EXISTING DINING TABLES 

REQURIED TO BE ACCESSIBLE NOT PROVIDED.

XXXV. INACCESSIBLE DINING COUNTER.

PORTION OF DINING COUNTER REQUIRED TO BE ACCESSIBLE 

NOT PROVIDED.

REQUIRED CLEAR FLOOR SPACE POSITIONED FOR A 

FORWARD APPROACH NOT PROVIDED AT DINING COUNTER.

XXXVI. NON-COMPLIANT HEIGHT OF DINING COUNTER EXCEEDS 

MAXIMUM HEIGHT ALLOWANCE.

XXXVII. REQUIRED MINIMUM KNEE AND TOE CLEARANCE NOT 

PROVIDED AT DINING COUNTER.

XXXVIII. COMPLIANT SIGNAGE IDENTIFYING RESTROOM NOT 

PROVIDED AS REQUIRED.

XXXIX. INACCESSILE RESTROOM.

REQUIRED MINIMUM MANEUVERING CLEARANCE NOT 

PROVIDED IN CORRIDOR AT EXTERIOR SIDE OF RESTROOM 

DOOR.

XL. NON-COMPLIANT DOOR LOCK AT RESTROOM DOOR REQUIRES 

TWISTING OF WRIST.

XLI. INACCESSIBLE LIGHT SWITCH IN RESTROO.

NON-COMPLIANT HEIGHT OF LIGHT SWITCH IN RESTROOM 

EXCEEDS MAXIMUM HEIGHT ALLOWANCE.

XLII. INACCESSIBLE WATER CLOSET IN RESTROOM.

REQURIED MINIMUM CLEARANCE NOT PROVIDED AT WATER 

CLOSET IN RESTROOM.

XLIII. REQUIRED GRAB BARS NOT PROVIDED ON REAR AND SIDE 

WALLS OF WATER CLOSET IN RESTROOM.

XLIV. INACCESSIBLE LAVATORY IN RESTROOM.

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REQUIRED MINIMUM KNEE AND TOE CLEARANCE NOT 

PROVIDED AT LAVATORY IN RESTROOM.

XLV. INSULATION OF PIPES AND WATER LINES UNDER THE 

LAVATORY IN RESTROOM NOT PROVIDED AS REQUIRED.

XLVI. INACCESSIBLE PAPER TOWEL DISPENSER IN RESTROOM.

NON-COMPLIANT MOUNTED HEIGHT OF PAPER TOWEL 

DISPENSER IN RESTROOM EXCEEDS MAXIMUM HEIGHT 

ALLOWANCE.

18. 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. 

19. 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. 

20. 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.

21. 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. 

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22. 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.

23. 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 

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 N. Wassenberg

Lauren N. Wassenberg, Esq. (FBN: 34083)

Attorney for Plaintiff

Lauren N. Wassenberg & Associates, P.A.

1825 NW Corporate Blvd., Ste. 110

Boca Raton, Florida 33431

T: 561.571.0646 | F: 561.571.0647

WassenbergL@gmail.com

Glenn R. Goldstein, Esq., (FBN: 55873)

Attorney for Plaintiff

Glenn R. Goldstein & Associates, PLLC

1825 NW Corporate Blvd., Ste. 110

Boca Raton, Florida 33431

T: 305.306.7674 | F: 305.400.0722

GGoldstein@G2Legal.net

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