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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 

CASE NO.:

GARFIELD SPENCE

Plaintiff,

vs. INJUNCTIVE RELIEF SOUGHT

101 SOUTH CONGRESS LLC.

Defendant.

/

 COMPLAINT

Plaintiff, GARFIELD SPENCE (“Plaintiff”), by and through the undersigned counsel, 

hereby files this Complaint and sues 101 SOUTH CONGRESS LLC. (referred to as 

“Defendant”) a for profit company, 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:

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 

Defendant’s 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, 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 

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that all events giving rise to the lawsuit occurred in Palm Beach County, Florida.

PARTIES

3. Plaintiff, GARFIELD SPENCE is sui juris and is a resident of the State of 

Florida.

4. Upon information and belief, Defendant is the lessee, operator, owner and/or

lessor of the Real Property, which is subject to this suit, and is located at 101 S. Congress Ave. 

Delray Beach, FL (“Premises”), and is the owner of the improvements where Premises is

located.

5. Defendant is authorized to conduct, and is in fact conducting, business within the 

state of Florida.

6. Plaintiff is an individual with numerous disabilities and is a double amputee 

which results in absolutely no use of the legs and requires him to use and remain in a wheelchair. 

The above listed disability 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 in August of

2022 (and prior to instituting this action), Plaintiff suffered from a “qualified disability” under 

the ADA, and required the use of fully accessible parking spaces and fully accessible paths of 

travel throughout the facility. 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”.

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

avail himself of the services offered when Defendant modifies the Premises or modifies the 

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policies and practices to accommodate individuals who have physical disabilities.

8. Plaintiff is continuously aware of the violations at Defendant's 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.

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

result of Defendant's discrimination until Defendant is compelled to comply with the 

requirements of the ADA.

10. 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 Defendant's 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.

11. 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 noncompliance 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, 

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and its maintenance of the accessible features of Premises. In this instance, Plaintiff, in 

Plaintiff’s 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.

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

Defendant modifies 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

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

above as if fully stated herein.

14. 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).

15. 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 

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disabilities and, despite some improvements, such forms of discrimination 

against disabled individuals continue to be a pervasive social problem, requiring 

serious attention;

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.

Congress explicitly stated that the purpose of the ADA was to:

f. provide a clear and comprehensive national mandate for elimination of 

discrimination against individuals with disabilities;

g. provide clear, strong, consistent, enforceable standards addressing discrimination 

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against individuals with disabilities; and

h. 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).

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

Standards, Defendant’s 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.

18. Defendant has 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).

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

the facilities and therefore suffered an injury in fact.

20. 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 

Defendant’s failure and refusal to provide disabled persons with full and equal access to its

facilities. Therefore, Plaintiff continues to suffer from discrimination and injury due to the architectural 

barriers that are in violation of the ADA.

21. 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 

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Standards ADA Accessibility guidelines (hereinafter referred to as “ADAAG”), 28 C.F.R. § 36, 

under which said Department may obtain civil penalties of up to $55,000.00 for the first violation 

and $110,000.00 for and subsequent violation.

22. Based on a preliminary inspection of the Premises, Defendants are in violation of

42 USC § 12182 et. seq. and the 2010 American Disabilities Act Standards et. seq., and is 

discriminating against Plaintiff as a result of but not limited to, inter alia, the following specific

violations:

a. Across the vehicular way from Suites H and I, the accessible parking space has a slope 

in excess of 1:48 in violation of section 502.4 of the 2010 ADAAG standards and are 

not level. This barrier to access would make it dangerous and difficult for Plaintiff to 

exit and enter their vehicle while parked at the Property as Plaintiff’s wheelchair may 

roll down the slope while entering or exiting the vehicle.

b. Across the vehicular way from Suites H and I, the accessible parking space has vertical 

rises in excess of 1⁄4 inch and is in violation of Sections 303.2 and 502.4 of the 2010 

ADAAG standards. This barrier to access would make it dangerous and difficult for 

Plaintiff to exit and enter their vehicle while parked at the Property as well as make it 

difficult for Plaintiff to travel to the public accommodations offered at the Property.

c. There is a policy of placing parking stops in the access aisle of the accessible parking 

space at the Property. Specifically, there is a parking stop located in the access aisle of 

the accessible parking space across the vehicular way from Suites H and I, which 

improperly encourages parking in the access aisle in violation of section 502.3.3 of the 

2010 ADAAG standards. This barrier to access would make it difficult for Plaintiff to 

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leave a vehicle when parked in this accessible parking space as it is probable a vehicle 

may be parked in the access aisle due to the encouragement of parking there.

d. Across the vehicular way from Suites H and I, the access aisle adjacent to the accessible 

parking space has a slope in excess of 1:48 in violation of section 502.4 of the 2010 

ADAAG standards and are not level. This barrier to access would make it dangerous 

and difficult for Plaintiff to exit and enter their vehicle while parked at the Property as 

Plaintiff’s wheelchair may roll down the slope while entering or exiting the vehicle.

e. Across the vehicular way from Suites H and I, the access aisle has vertical rises in 

excess of 1⁄4 inch and is in violation of Sections 303.2 and 502.4 of the 2010 ADAAG 

standards. This barrier to access would make it dangerous and difficult for Plaintiff to 

exit and enter their vehicle while parked at the Property as well as make it difficult for 

Plaintiff to travel to the public accommodations offered at the Property as the vertical 

rise could cause the tire of the wheelchair to get snagged or impede movement.

f. Across the vehicular way from Suites H and I, as a result of a failure to enact a policy 

of proper grounds maintenance, there is falling foliage in the accessible parking space 

and associated access aisle. As a result, the ground surfaces of the accessible space and 

access aisle have vertical rises in excess of 1⁄4 (one quarter) inch in height, are not stable 

or slip resistant, have broken or unstable surfaces or otherwise fail to comply with 

Section 502.4, 302 and 303 of the 2010 ADAAG standards. This barrier to access 

would make it dangerous and difficult for Plaintiff to access the units of the Property.

g. Across the vehicular way from Suites H and I, the accessible parking space is not on 

an accessible route from accessible parking space to the accessible entrances of the 

Property in violation of section 206.2.1 and 208.3.1 of the 2010 ADAAG standards. 

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This barrier to access would make it difficult for Plaintiff to access the units of the 

Property.

h. There are changes in level at Property exceeding 1⁄2 (one-half) inch that are not properly 

accessible ramped in violation of section 303.4 of the 2010 ADAAG standards. 

Specifically, there is an approximately 4 inch vertical rise leading from the parking lot 

to the accessible entrance of Hubs and Hers, thus rendering the interior of this unit of 

the Property inaccessible. This barrier to access would make it dangerous and difficult 

for Plaintiff to access the units of the Property. 

i. At Hubs and Hers, there is a doorway threshold with a vertical rise of about an inch 

and does not contain a bevel with a maximum slope of 1:2 in violation of section 

404.2.5 of the 2010 ADAAG standards. This barrier to access would make it dangerous 

and difficult for Plaintiff to access the interior of the Property at this location as the 

vertical rise at the door threshold could potentially cause Plaintiff to tip over when 

attempting to enter. Moreover, this barrier to access is made more difficult by the fact 

that it is in the doorway and Plaintiff would be required to hold the door open with one 

hand while attempt to the “push” the wheel of the wheelchair over the vertical rise.

j. The Property lacks signage identified by the International Symbol of Accessibility that 

indicates the location of the nearest entrance complying with section 404 of the 2010 

ADAAG standards, if such an entrance exists. This policy decision by Defendant(s) 

violates section 216.6 of the 2010 ADAAG Standards. This barrier to access would 

make it difficult for Plaintiff to find an accessible entrance.

k. Due to the lack of an accessible route connecting the accessible entrances of public 

accommodations on the Property caused by raised steps in front a majority of the 

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accessible entrance doors, the Property lacks an accessible route connecting accessible 

facilities, accessible elements and/or accessible spaces of the Property in violation of 

section 206.2.2 of the 2010 ADAAG standards. This barrier to access would make it 

difficult for Plaintiff to access public features of the Property.

l. There are changes in level at Property exceeding 1⁄2 (one-half) inch that are not properly 

accessible ramped in violation of section 303.4 of the 2010 ADAAG standards. 

Specifically, there is an approximately 3 inch vertical rise leading from the parking lot 

to the accessible entrance of Unit F, thus rendering the interior of this unit of the 

Property inaccessible. This barrier to access would make it dangerous and difficult for 

Plaintiff to access the units of the Property. 

m. In front of Unit 101C, due to a 2-3 inch vertical rise in front of the door, the 

maneuvering clearance of the accessible entrance is not level in violation of Section 

404.2.4.4 of the 2010 ADAAG standards. This barrier to access would make it difficult 

for Plaintiff to access this unit of the Property since it is often necessary for individuals 

in wheelchairs to need to use their hands to both wheel through the doorway and keep 

the door open with another hand. When the maneuvering clearance is not level, this 

ordinarily difficult process is made even more difficult by the presence of an excessive 

vertical rise.

n. In front of Car Art, due to an excessive vertical rise in front of the door, the 

maneuvering clearance of the accessible entrance is not level in violation of Section 

404.2.4.4 of the 2010 ADAAG standards. This barrier to access would make it difficult 

for Plaintiff to access this unit of the Property since it is often necessary for individuals 

in wheelchairs to need to use their hands to both wheel through the doorway and keep 

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the door open with another hand. When the maneuvering clearance is not level, this 

ordinarily difficult process is made even more difficult by the presence of an excessive 

vertical rise.

o. In front of People Ready, due to a 2-3 inch vertical rise in front of the door, the 

maneuvering clearance of the accessible entrance is not level in violation of Section 

404.2.4.4 of the 2010 ADAAG standards. This barrier to access would make it difficult 

for Plaintiff to access this unit of the Property since it is often necessary for individuals 

in wheelchairs to need to use their hands to both wheel through the doorway and keep 

the door open with another hand. When the maneuvering clearance is not level, this 

ordinarily difficult process is made even more difficult by the presence of an excessive 

vertical rise.

p. In front of Auto Body Repair, due to a 2 inch vertical rise in front of the door, the 

maneuvering clearance of the accessible entrance is not level in violation of Section 

404.2.4.4 of the 2010 ADAAG standards. This barrier to access would make it difficult 

for Plaintiff to access this unit of the Property since it is often necessary for individuals 

in wheelchairs to need to use their hands to both wheel through the doorway and keep 

the door open with another hand. When the maneuvering clearance is not level, this 

ordinarily difficult process is made even more difficult by the presence of an excessive 

vertical rise.

q. As a result of the barriers to access identified in (h), (i), (l), (m), (n), (o), and (p), not 

all entrance doors and doorways comply with section 404 of the 2010 ADAAG 

standards and are not on an accessible route complying with section 402 of the 2010 

ADAAG Standards, this is a violation of section 206.4 of the 2010 ADAAG 

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standards. This barrier to access would make it difficult and dangerous for Plaintiff to 

access the interior of the Property.

r. The total number of accessible parking spaces is inadequate and is in violation of 

section 208.2 of the 2010 ADAAG standards. There are a total of 59 marked parking 

spaces which requires a minimum of three accessible parking spaces, but there is only 

one accessible parking space. This barrier to access would make it difficult for Plaintiff 

to locate an available accessible parking space as such a small number of accessible 

parking spaces in a large parking lot increases the likelihood of there not being an

available accessible parking space.

s. There are no accessible parking spaces on the Property that have a sign designating an 

accessible parking space as “Van Accessible” in violation of section 208.2.4 of the 

2010 ADAAG standards and section 502.6 of the 2010 ADAAG standards. This barrier 

to access would make it difficult for Plaintiff to locate a van accessible parking space. 

t. Defendant fails to adhere to a policy, practice and procedure to ensure that all facilities 

are readily accessible to and usable by disabled individuals.

23. To the best of Plaintiff’s belief and knowledge, Defendant has failed to eliminate 

the specific violations set forth in paragraph 22 herein.

24. Although Defendant is charged with having knowledge of the violations, 

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

Defendant aware of same.

25. 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 

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provisions of the ADA.

26. As the owner, lessor, lessee or operator of the Premises, Defendants are required 

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

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.

27. 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.

28. 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 Defendant, pursuant to 42 U.S.C. § 12205.

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

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

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

ADAAG standard applies and all of the violations listed in paragraph 22 herein can be applied 

to the 1991 ADAAG standards.

31. 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 

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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;

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: August 23, 2022

/ s / A l b e r t o R . L e al . 

Alberto R. Leal, Esq., P.A.

Florida Bar No.: 1002345

8927 Hypoluxo Rd. #157

Lake Worth, FL 33467

Phone: 954-637-1868

E-Mail: albertolealesq@gmail.com

Attorney for Plaintiff

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