UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

WEST PALM BEACH DIVISION

 CASE NO.:

HOWARD COHAN,

Plaintiff,

vs. INJUNCTIVE RELIEF SOUGHT

MVP PALM BEACH LLC, a Florida Limited 

Liability Company, d/b/a PDQ WEST PALM 

BEACH; MVP POMPANO BEACH LLC, a 

Florida Limited Liability Company, d/b/a PDQ 

POMPANO BEACH; MVP DEERFIELD 

BEACH OPCO LLC, a Florida Limited Liability 

Company, d/b/a PDQ DEERFIELD BEACH; 

MVP DANIA POINTE OPCO LLC, a Florida 

Limited Liability Company, d/b/a PDQ DANIA

BEACH, 

Defendant(s).

____________________________________/

COMPLAINT

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

hereby files this Complaint and sues MVP PALM BEACH LLC, a Florida Limited Liability 

Company, d/b/a PDQ WEST PALM BEACH; MVP POMPANO BEACH LLC, a Florida Limited 

Liability Company, d/b/a PDQ POMPANO BEACH; MVP DEERFIELD BEACH OPCO LLC, a 

Florida Limited Liability Company, d/b/a PDQ DEERFIELD BEACH; and MVP DANIA 

POINTE OPCO LLC, a Florida Limited Liability Company, d/b/a PDQ DANIA BEACH, 

(“Defendants”), 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:

Case 9:20-cv-81229-DMM Document 1 Entered on FLSD Docket 07/30/2020 Page 1 of 14
JURISDICTION AND VENUE

1. 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 

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

2010 ADA Standards.

2. 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

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

residing in Palm Beach County, Florida.

4. Upon information and belief, Defendants are the lessees, operators, owners and 

lessors of the Real Property, which is subject to this suit, and is located at 

a. 2015 Okeechobee Boulevard, West Palm Beach, FL 33409 (“PDQ West Palm 

Beach”) 

b. 2341 N Federal Hwy, Pompano Beach, FL 33062 (“ PDQ Pompano Beach”)

c. 3333 W Hillsboro Boulevard, Deerfield Beach, FL 33442 (“PDQ Deerfield 

Beach”)

d. 1770 Stirling Road, Dania Beach, FL 33004 (“PDQ Dania Beach”) 

and are the owners of the improvements where each of the premises are located. PDQ West Palm 

Beach, PDQ Pompano Beach, PDQ Deerfield, and PDQ Dania Beach are hereinafter collectively 

referred to as the “Premises”. 

Case 9:20-cv-81229-DMM Document 1 Entered on FLSD Docket 07/30/2020 Page 2 of 14
5. The Premises are places of public accommodation. 

6. Defendants are 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 

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. At the time of 

Plaintiff’s visit to the Premises on 

a. September 19, 2018 – PDQ West Palm Beach

b. December 19, 2018, July 19, 2020 – PDQ Pompano Beach

c. December 19, 2018, July 19, 2020 - PDQ Deerfield Beach

d. January 21, 2020 – PDQ Dania Beach

(and prior to instituting this action), Plaintiff suffered from a “qualified disability” under the ADA, 

and required the use of fully accessible restrooms and fully accessible service and eating areas. 

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

enjoyment of the facilities and amenities within the Premises, even though he would be classified 

as a “bona fide patron”.

8. Plaintiff, in his individual capacity, will absolutely return to the Premises and avail 

himself of the services offered when Defendants modify the Premises or modify the policies and 

practices to accommodate individuals who have physical disabilities.

Case 9:20-cv-81229-DMM Document 1 Entered on FLSD Docket 07/30/2020 Page 3 of 14
9. Plaintiff is continuously aware of the violations at Defendants’ 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.

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

result of Defendants’ discrimination until Defendants are compelled to comply with the

requirements of the ADA.

11. 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 Defendants’ 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.

12. 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 

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 

Case 9:20-cv-81229-DMM Document 1 Entered on FLSD Docket 07/30/2020 Page 4 of 14
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.

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

Defendants modify 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.

VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT

14. Plaintiff adopts and re-alleges the allegations stated in paragraphs 1 through 12

above as if fully stated herein.

15. 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).

16. 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;

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;

Case 9:20-cv-81229-DMM Document 1 Entered on FLSD Docket 07/30/2020 Page 5 of 14
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 non-productivity.

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

17. 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

Case 9:20-cv-81229-DMM Document 1 Entered on FLSD Docket 07/30/2020 Page 6 of 14
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).

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

Defendants’ 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. 

19. Defendants have 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).

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

facilities and therefore suffered an injury in fact.

21. 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 

Defendants’ 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.

22. 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 

Case 9:20-cv-81229-DMM Document 1 Entered on FLSD Docket 07/30/2020 Page 7 of 14
Department may obtain civil penalties of up to $55,000.00 for the first violation and $110,000.00 

for and subsequent violation.

23. Based on a preliminary inspection of the Premises, Defendants are 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:

PDQ West Palm Beach

Restaurant Seating 

a. Failure to provide seating for a person(s) with a disability that has the correct clear 

floor space for forward approach in violation of 2010 ADAAG §§ 902, 902.2, 305 

and 306.

b. Failure to provide a sufficient amount of seating when dining surfaces are provided 

for the consumption of food or drink for a person(s) with a disability in violation 

of 2010 ADAAG §§ 226, 226.1, 902, 305 and 306.

Men's Restroom ACCESSIBLE STALL

c. 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.

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.

Men's Restroom GENERAL

e. 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.

Case 9:20-cv-81229-DMM Document 1 Entered on FLSD Docket 07/30/2020 Page 8 of 14
PDQ Pompano Beach

Men's Restroom GENERAL

f. 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.

g. 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.

h. 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.

i. 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. 

Men's Restroom ACCESSIBLE STALL

j. 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.

k. 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.

Case 9:20-cv-81229-DMM Document 1 Entered on FLSD Docket 07/30/2020 Page 9 of 14
l. 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.

m. 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.

PDQ Deerfield Beach

Men's Restroom GENERAL

n. 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.

Men's Restroom ACCESSIBLE STALL

o. 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.

p. 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. 

Indoor Seating

q. Failure to provide a sufficient amount of seating when dining surfaces are provided 

for the consumption of food or drink for a person(s) with a disability in violation 

of 2010 ADAAG §§ 226, 226.1, 902, 305 and 306.

Case 9:20-cv-81229-DMM Document 1 Entered on FLSD Docket 07/30/2020 Page 10 of 14
Outdoor Seating

r. Failure to provide seating for a person(s) with a disability that has the correct clear 

floor space for forward approach in violation of 2010 ADAAG §§ 902, 902.2, 305 

and 306.

s. Failure to provide a sufficient amount of seating when dining surfaces are provided 

for the consumption of food or drink for a person(s) with a disability in violation 

of 2010 ADAAG §§ 226, 226.1, 902, 305 and 306.

PDQ Dania Beach

Outdoor Seating

t. Failure to provide seating for a person(s) with a disability that has the correct clear 

floor space for forward approach in violation of 2010 ADAAG §§ 902, 902.2, 305 

and 306.

u. Failure to provide a sufficient amount of seating when dining surfaces are provided 

for the consumption of food or drink for a person(s) with a disability in violation 

of 2010 ADAAG §§ 226, 226.1, 902, 305 and 306. 

Indoor Seating

v. Failure to provide accessible seating for person(s) with a disability at a bar or 

adjacent table in the bar area, recreational area or a table area adjacent to a pool for 

food or beverage service, or at a computer work surface such as in a business center, 

in violation of 2010 ADAAG §§ 902, 902.1, 902.2, 902.3, 305, 306 and/or §4.32.4 

of the 1991 ADA Standards.

Case 9:20-cv-81229-DMM Document 1 Entered on FLSD Docket 07/30/2020 Page 11 of 14
w. Failure to provide seating for a person(s) with a disability that has the correct clear 

floor space for forward approach in violation of 2010 ADAAG §§ 902, 902.2, 305 

and 306.

x. Failure to provide a sufficient amount of seating when dining surfaces are provided 

for the consumption of food or drink for a person(s) with a disability in violation 

of 2010 ADAAG §§ 226, 226.1, 902, 305 and 306. 

Pathway to Restroom

y. Failure to provide a doorway or walkway with a minimum clear width for person(s) 

with a disability in violation of 2010 ADAAG §§ 403, 403.5, 403.5.1 and 404.2.3.

Men’s Restroom ACCESSIBLE STALL

z. 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.

24. To the best of Plaintiff’s belief and knowledge, Defendants have failed to eliminate 

the specific violations set forth in paragraph 23 herein.

25. Although Defendants are charged with having knowledge of the violations, 

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

Defendants aware of same.

26. 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.

27. As the owner, lessors, lessees or operators of the Premises, Defendants are required 

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

Case 9:20-cv-81229-DMM Document 1 Entered on FLSD Docket 07/30/2020 Page 12 of 14
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.

28. 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.

29. 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 

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

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

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

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

standard applies and all of the violations listed in paragraph 23 herein can be applied to the 1991 

ADAAG standards.

32. 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 Defendants and requests the following 

injunctive and declaratory relief:

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

Defendants are in violation of the ADA;

Case 9:20-cv-81229-DMM Document 1 Entered on FLSD Docket 07/30/2020 Page 13 of 14
2. That this Court enter an Order requiring Defendants 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 Defendants to evaluate and neutralize 

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

reasonable time so as to allow the Defendants 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.

Dated July 30, 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

Secondary Email: alexa@sconzolawoffice.com

Case 9:20-cv-81229-DMM Document 1 Entered on FLSD Docket 07/30/2020 Page 14 of 14