UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

CASE: 

CARLOS BRITO, 

Plaintiff,

v.

DENNIS L. POIN, an individual; 

RONALD L. POIN, an individual; and LPF 

INVESTMENTS, LLC D/B/A LOS 

PERROS, 

Defendants. 

______________________________________/ 

COMPLAINT

Plaintiff, CARLOS BRITO, individually and on behalf of all other similarly situated 

mobility-impaired individuals (hereinafter “Plaintiff”), sues DENNIS L. POIN, RONALD L. 

POIN, and LPF INVESTMENTS, LLC (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, CARLOS BRITO, is an individual over eighteen years of age, with a 

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

5. Defendant, DENNIS L. POIN, is an individual over eighteen years of age, residing 

and domiciled in Florida, and is otherwise sui juris.

6. Defendant, RONALD L. POIN, is an individual over eighteen years of age, 

residing and domiciled in Florida, and is otherwise sui juris.

7. At all material times, DENNIS L. POIN, and RONALD L. POIN, held and jointly 

owned with a right of survivorship the shopping plaza doing business as “Coral Point Plaza” 

located 8400-8420 W. Flagler Street, Miami, Florida 33144 (hereinafter the “Commercial 

Property”). 

8. At all times material, Defendant, LPF INVESTMENTS, LLC, owned and/or 

operated a restaurant located at 8410 W. Flagler Street, Miami, Florida 33144.1

9. At all times material, Defendant, LPF INVESTMENTS, LLC, was and is a Florida 

Limited Liability Company, organized under the laws of the state of Florida, with a principal place 

of business in Miami, Florida. Defendant, LPF INVESTMENTS, LLC, holds itself out to the 

public as “Los Perros” (hereinafter the “Los Perros”).

10. Venue is properly located in the Southern District of Florida because Defendant’s 

Commercial Property and listed business is located in Miami-Dade County, Florida, Defendants 

regularly conducts business within Miami-Dade County, Florida, and because a substantial part(s) 

of the events or omissions giving rise to these claims occurred in Miami-Dade County, Florida. 

FACTUAL ALLEGATIONS

11. Although over thirty (30) years have passed since the effective date of Title III of 

1 This address is located within Defendants’, DENNIS L. POIN and RONALD L. POIN, commercial property.

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the ADA, Defendant has yet to make its facilities accessible to individuals with disabilities.

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

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’ business/or and 

properties. 

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

requires landlords and tenants to be liable for compliance. 

14. Plaintiff, CARLOS BRITO, is an individual with disabilities as defined by and 

pursuant to the ADA. Plaintiff, CARLOS BRITO, is, among other things, a paraplegic (paralyzed 

from his T-6 vertebrae down) and is therefore substantially limited in major life activities due to 

his impairment, including, but not limited to, not being able to walk or stand. Plaintiff requires 

the use of a wheelchair to ambulate.

15. Defendants, DENNIS L. POIN and RONALD L. POIN, own, operate and/or 

oversee the Commercial Property, its general parking lot and parking spots specific to the 

businesses therein and to include the Co-Defendant’s restaurant. 

16. Defendant, LPF INVESTMENTS, LLC, owns, operates and/or oversees its 

respective business within the Commercial Property, located in Miami, Florida that is the subject 

of this Action. 

17. The subject Commercial Property is open to the public and is located in Miami, 

Florida, in Miami-Dade County. The individual Plaintiff visits the Commercial Property and 

business located within the Commercial Property, to include visits to the Commercial Property 

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and business located within the Commercial Property on or about August 19, 2022, and 

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

Commercial Property and business 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 there, and because it is approximately eleven (11) miles from his residence and

is near other businesses he frequents as a patron. He plans to return to the Commercial Property 

return to the property within four (4) months’ time of the filing of this Complaint. 

18. The Plaintiff, CARLOS BRITO, 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 business located within the 

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

19. The Plaintiff, CARLOS BRITO, has encountered architectural barriers that are in 

violation of the ADA at the subject Commercial Property, and business located within the 

Commercial Property. The barriers to access at the Commercial Property, and the business 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, CARLOS 

BRITO, and others similarly situated.

20. Defendants, DENNIS L. POIN, RONALD L. POIN, and LPF INVESTMENTS, 

LLC, own and/or 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, DENNIS L. 

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POIN, RONALD L. POIN, and LPF INVESTMENTS, LLC, is responsible for complying with 

the obligations of the ADA. The place of public accommodation that Defendants, DENNIS L. 

POIN, RONALD L. POIN, and LPF INVESTMENTS, LLC, own and operate is the Commercial 

Property located at 8400-8420 W. Flagler Street, Miami, Florida 33144. 

21. Plaintiff, CARLOS BRITO, 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 business located within the Commercial Property,

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

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

at the Commercial Property, and business located within the Commercial Property, in violation of 

the ADA. Plaintiff desires to visit the Commercial Property and business 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 

business 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 

business located within the Commercial Property without fear of discrimination.

22. Defendants, DENNIS L. POIN and RONALD L. POIN, as landlord and owner of 

the Commercial Property Business, are responsible for all ADA violations listed in this complaint.

23. Plaintiff, CARLOS BRITO, 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 business located within the Commercial Property, but not 

necessarily limited to the allegations in this Complaint. Plaintiff has reasonable grounds to believe 

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that he will continue to be subjected to discrimination at the Commercial Property, and business 

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 business located within the Commercial 

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

Commercial Property without fear of discrimination.

24. 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 business located within the Commercial 

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

COUNT I - ADA VIOLATIONS 

AS TO DENNIS L. POIN and RONALD L. POIN

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

24 above as though fully set forth herein. 

26. Defendants, DENNIS L. POIN and RONALD L. POIN, have discriminated, and 

continue 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. Parking 

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i. The Plaintiff had difficulty exiting the vehicle, as designated accessible parking spaces 

are located on an excessive slope. Violation: There are accessible parking spaces located 

on an excessive slope violating Section 4.6.3 of the ADAAG and Section 502.4 of the 

2010 ADA Standards, whose resolution is readily achievable.

ii. The Plaintiff had difficulty exiting the vehicle, as designated accessible parking space 

access aisles are located on an excessive slope. Violation: There are accessible parking 

space access aisles located on an excessive slope violating Section 4.6.3 of the ADAAG 

and Section 502.4 of the 2010 ADA Standards, whose resolution is readily achievable. 

B. Entrance Access and Path of Travel

i. The Plaintiff had difficulty traversing the path of travel, as it is not continuous and 

accessible. Violation: There are inaccessible routes from the public sidewalk and 

transportation stop. These are violations of the requirements in Sections 4.3.2(1), 4.3.8, 

4.5.1, and 4.5.2 of the ADAAG and Sections 206.2.1, 302.1, 303, and 402.2 of the 2010 

ADA Standards, whose resolution is readily achievable. 

ii. The Plaintiff had difficulty on the path of travel at the facility, as ramps do not have 

compliant handrails violating Section 4.8.5 of the ADAAG and Section 405.8 of the 2010 

ADA Standards, whose resolution is readily achievable.

iii. The Plaintiff had difficulty traversing the path of travel, as it was not continuous and 

accessible. Violation: There are inaccessible routes between sections of the facility. These 

are violations of the requirements in Sections 4.3.2(2), 4.3, and 4.5 of the ADAAG and 

Sections 206.2.2, 303, 402 and 403, whose resolution is readily achievable. 

iv. The Plaintiff had difficulty traversing the path of travel, as there are cross slopes in excess 

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of 2%. Violation: The path of travel contains excessive cross slopes in violation of Section 

4.3.7 of the ADAAG and Section 403.3 of the 2010 ADA Standards, whose resolution is 

readily achievable.

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

Violation: There are vertical 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. 

vi. The Plaintiff had difficulty entering tenant spaces without assistance, as the entrance 

thresholds are too high. Violation: There are threshold rises more than 1⁄2 inch at the tenant 

entrances, violating Section 4.13.8 of the ADAAG and Section 404.2.5 of the 2010 ADA 

Standards, whose resolution is readily achievable.

COUNT III – ADA VIOLATIONS

AS TO DENNIS L. POIN, RONALD L. POIN and LPF INVESTMENTS, LLC

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

24 above as though fully set forth herein. 

28. Defendants, DENNIS L. POIN, RONALD L. POIN and LPF INVESTMENTS, 

LLC, have discriminated, and continue 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. Access to Goods and Services

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

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

resolution is readily achievable. 

B. Public Restrooms 

i. The Plaintiff was exposed to a cutting/burning hazard because the lavatory pipes are not 

wrapped. Violation: The lavatory pipes are not fully wrapped or maintained violating 

Section 4.19.4 of the ADAAG and Section 606.5 of the 2010 ADA Standards, whose 

resolution is readily achievable. 

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

than 12” above a grab bar obstructing its use. Violation: The grab bars do not comply with 

the requirements prescribed in Sections 4.16.4 & 4.26 of the ADAAG and Section 609.3 

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

iii. 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. 

RELIEF SOUGHT AND THE BASIS

29. The discriminatory violations described in this Complaint are not an exclusive list 

of the Defendants’ ADA violations. Plaintiff requests an inspection of the Defendants’ place 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, CARLOS BRITO, from further ingress, use, and equal 

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enjoyment of the Commercial Property and the business therein; Plaintiff requests to be physically 

present at such inspection in conjunction with Rule 34 and timely notice. Plaintiff requests the 

inspection in order to participate in crafting a remediation plan to address Plaintiff’s request for 

injunctive relief.

30. 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 Defendant’s Commercial Property and the 

business within the Commercial Property; and has otherwise been discriminated against and 

damaged by the Defendant 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 the 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. Plaintiff further requests a remediation plan and the opportunity 

to participate in the crafting of the remediation plan. 

31. 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 their places 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 

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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. 

32. 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 U.S.C. § 

12205 and 28 CFR 36.505. 

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

physically disabled when such removal is readily achievable for their place of public 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 the discriminatory situation, 

the Plaintiff require an inspection of the Defendants’ places of public accommodation in order to 

determine all of the areas of non-compliance with the Americans with Disabilities Act. 

34. 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 have 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 Defendant. 

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

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

business, located within the Commercial Property located in Miami-Dade County, the interiors, 

exterior areas, and the common exterior areas of the Commercial Property and business to make 

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those facilities readily accessible and useable to the Plaintiff and all other mobility-impaired 

persons; or by closing the facility until such time as the Defendant cures its violations of the ADA.

WHEREFORE, the Plaintiff, CARLOS BRITO, respectfully requests that the Honorable 

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

subject lawsuit, was and is 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 

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: October 6, 2022

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 

 dperaza@lawgmp.com

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By: ___/s/_Anthony J. Perez________ 

 ANTHONY J. PEREZ

 Florida Bar No.: 535451 

 BEVERLY VIRUES

 Florida Bar No.: 123713 

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