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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 

CASE NO.:

ERIC ROGERS

Plaintiff,

vs. INJUNCTIVE RELIEF SOUGHT

R & G EQUITIES, LLC.

Defendant.

/

 COMPLAINT

Plaintiff, ERIC ROGERS (“Plaintiff”), by and through the undersigned counsel, hereby 

files this Complaint and sues R & G EQUITIES, LLC. (referred to as “Defendant”) as a for 

profit business entity, 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 Broward County, Florida.

PARTIES

3. Plaintiff, ERIC ROGERS 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 2001 W. Atlantic Ave. 

Deerfield 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 bilateral 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 October 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. The access aisle to the accessible parking space is not level due to the presence of an 

accessible ramp in the access aisle in violation of Section 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 the lift from the van may 

rest upon the ramp and create an unlevel surface. 

b. The accessible curb ramp is improperly protruding into the access aisle of the accessible 

parking space in violation of section 406.5 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 the lift from the van may rest upon the ramp

and create an unlevel surface.

c. The accessible parking space is not level due to the presence of accessible ramp side 

flares in the accessible parking space in violation of Sections 502.4 and 406.5 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 the van may 

rest upon the ramp and create an unlevel surface for Plaintiff to exit and enter their 

vehicle.

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d. The Property lacks an accessible route from the sidewalk to the accessible entrance in 

violation of section 206.2.1 of the 2010 ADAAG standards. This barrier to access 

would make it difficult for Plaintiff to utilize public transportation to access the public 

accommodations located on the Property.

INTERIOR OF SANDWICH MAN TOO

a. The vertical reach to the self-serve soda dispensers exceeds the maximum allowable 

height of 48 (forty-eight) inches above the finish floor or ground in violation of section 

308.3.1 of the ADAAG standards. This barrier to access would make it difficult for 

Plaintiff to reach the actionable mechanism of the drink dispenser due to the fact 

individuals in wheelchairs are seated and have lower reach ranges than individuals 

who stand.

b. There are sales and services counters lacking any portion of the counter that has a 

maximum height of 36 (thirty-six) inches from the finished floor in violation of 

section 904.4 of the 2010 ADAAG standards, all portions of the sales and service 

counter exceed 36 (thirty-six) inches in height from the finished floor. This barrier to 

access would make it difficult for Plaintiff to properly transact business at the Property 

as Plaintiff is in a wheelchair which makes his height much lower than a standing 

individual, so a surface with a maximum height of 36 inches above the finished floor 

is necessary for Plaintiff to sign credit card receipts.

c. There is not at least 5% (five percent) of the exterior dining surfaces provided for 

consumption of food or drink that comply with Section 902.2 of the 2010 ADAAG 

standards, requiring appropriate knee and toe clearance complying with Section 306 of 

the 2010 ADAAG standards, positioned for a forward approach, in violation of Section 

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226.1 of the 2010 ADAAG standards. If Plaintiff were to eat at the Property in the

future, this barrier to access would prevent Plaintiff from using the dining surfaces 

currently present as Plaintiff’s own feet would block Plaintiff’s ability to access the 

dining surfaces.

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

are readily accessible to and usable by disabled individuals.

SANDWICH MAN PIZZA TOO RESTROOMS

a. The restrooms have grab bars adjacent to the commode which are not in compliance 

with section 604.5 of the 2010 ADAAG standards as the rear bar is missing. This barrier 

to access would make it difficult for Plaintiff and/or any disabled individual to safely 

transfer from the wheelchair to the toilet and back to the wheelchair.

b. The hand operated flush control is not located on the open side of the accessible toilet 

in violation of section 604.6 of the 2010 ADAAG standards. This barrier to access 

would make it difficult for Plaintiff and/or any disabled individual to flush the toilet as 

the location of the flush control on the open side is significantly easier to reach than 

when it is positioned on the closed side.

c. The toilet paper dispenser in the accessible toilet is not positioned in seven to nine 

inches in front of the toilet and therefore is in violation of section 604.7 of the 2010 

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

the toilet due to the fact the toilet paper dispenser is at an improper distance from the 

toilet, given Plaintiff’s disability, Plaintiff would not be able to get up and reach the 

toilet paper.

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d. Due to a policy of keeping the trash receptacle under the sink, the restrooms have a 

sink with inadequate knee and toe clearance in violation of section 306 of the 2010 

ADAAG standards. This barrier to access would make it difficult for Plaintiff and/or 

any disabled individual to utilize the restroom sink as Plaintiff is seated in a wheelchair 

and, when seated, Plaintiff’s feet and legs protrude out in front. In order to properly 

utilize a sink, Plaintiff’s legs must be able to be underneath the surface of the sink, but 

due to the improper configuration of the sink, there is no room underneath for Plaintiff’s 

legs and feet.

e. The accessible toilet stall door is not self-closing and violates section 604.8.2.1 of the 

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

and/or any disabled individual to safely and privately utilize the restroom facilities.

f. Due to a policy of placing a highchair in close proximity to the outside of the restroom 

door, the door for the restroom lacks a clear minimum maneuvering clearance, in 

violation of Section 404.2.4 of the 2010 ADAAG standards. This barrier to access 

would make it difficult for Plaintiff and/or any disabled individual to safely exit the 

restroom due to the fact individuals in wheelchairs have their feet sticking out in front 

of them and when there is inadequate clearance near the door (less than 18 inches), 

their protruding feet block their ability to reach the door hardware to open the door.

g. 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, 

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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 

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 

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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;

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: November 7, 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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