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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 

CASE NO.:

ERIC ROGERS

Plaintiff,

vs. INJUNCTIVE RELIEF SOUGHT

5335 NORTH MILITARY, LLC.

Defendant.

/

 COMPLAINT

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

files this Complaint and sues 5335 NORTH MILITARY, 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 Palm Beach 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 5335 N Military Trl, 

West Palm Beach, FL 33407 (“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:

i. Across the vehicular way from the Grace Academy are four accessible parking 

spaces. The ground surfaces of two of the accessible spaces 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.

ii. Across the vehicular way from the Grace Academy are four accessible parking 

spaces that are not located on the shortest distance to the accessible route 

leading to the accessible entrances in violation of section 208.3.1 of the 2010 

ADAAG Standards. This barrier to access would make it difficult and 

dangerous for Plaintiff to access the units of the Property from these accessible 

parking spaces as the far location increases the likelihood of traversing into the 

vehicular way and getting struck by a vehicle or encountering a barrier to access 

which stops Plaintiff from accessing the public accommodations offered at the 

Property.

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iii. Across the vehicular way from the Grace Academy are four accessible parking 

spaces. Due to a failure to enact an adequate policy of maintenance, the signage 

on the Property, one of the accessible parking spaces is so tilted that it blocks a 

clear head space of a person in a wheelchair to less that the required 80 inches 

of vertical clearance that is required by Section 307.4 of the 2010 ADAAG 

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

Plaintiff to traverse the accessible routes of the Property. 307.4 Vertical 

Clearance. Vertical clearance shall be 80 inches (2030 mm) high minimum. 

iv. Across the vehicular way from the Metro by T-Mobile, due to an inadequate 

policy of parking lot maintenance or a lack thereof, the accessible parking space 

is not adequately marked so as to adequately gauge the width of accessible 

parking spaces and the presence of an access aisle and is therefore in violation 

of Section 502.1 and 502.2 of the 2010 ADAAG standards. This barrier to 

access would make it difficult for Plaintiff to locate an accessible parking space 

and may cause other vehicles to unknowingly park in the accessible parking 

space decreasing the available width to Plaintiff.

v. Near Unit 48, due to an inadequate policy of parking lot maintenance or a lack 

thereof, the accessible parking space is not adequately marked so as to 

adequately gauge the width of accessible parking spaces and the presence of an 

access aisle and is therefore in violation of Section 502.1 and 502.2 of the 2010 

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

to locate an accessible parking space and may cause other vehicles to 

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unknowingly park in the accessible parking space decreasing the available 

width to Plaintiff.

vi. Near Unit 48, the Property has an accessible ramp that lacks finished edges or 

edge protection and/or is otherwise in violation of section 405.9 of the 2010 

ADAAG standards. This barrier to access would exposes Plaintiff to increased 

risk of injury for if the wheelchair should fall of the side edge of the ramp, the 

lack of edge protection would likely cause Plaintiff to tip and incur injury.

vii. Alternatively to the allegation referenced in (vi), the accessible ramp side flares 

have a slope in excess of 1:10 in violation of section 406.3 of the 2010 ADAAG 

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

Plaintiff to access the units of the Property because steep slopes on ramp side 

flares could cause the wheelchair to tip over and injure Plaintiff.

viii. In front of Gold Pawn City, due to a failure to enact a policy of proper grounds 

maintenance, there are potholes and grass growing in the accessible space. As 

a result, the ground surfaces of the accessible space 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.

ix. Across the vehicular way from the Grace Academy are four accessible parking 

spaces. Due to a policy of not having a parking stop for the parking space that 

is next to these accessible parking spaces, a car will routinely pull up all the 

way and the "nose" of the vehicle will extend into the access route needed for 

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the four accessible parking spaces, causing the exterior access route to routinely 

have clear widths below the minimum thirty-six (36") inch requirement 

specified by Section 403.5.1 of the 2010 ADAAG Standards. This barrier to 

access would make it dangerous and difficult for Plaintiff to access exterior 

public features of the Property as there is not enough clear width for Plaintiff’s 

wheelchair. 

x. Across the vehicular way from the Grace Academy are four accessible parking 

spaces. Due to a policy of not having a parking stop for the parking space that 

is next to these accessible parking spaces, a car will routinely pull up all the 

way and the "nose" of the vehicle will extend into the access route required by 

the four accessible parking spaces. As a result, in violation of section 502.7 of 

the 2010 ADAAG Standards, parking spaces are not properly designed so that 

parked cars and vans cannot obstruct the required clear width of adjacent 

accessible routes. This barrier to access would make it dangerous and difficult 

for Plaintiff to access exterior public features of the Property as there is not 

enough clear width for Plaintiff’s wheelchair.

xi. As a result of the barriers to access identified in (ix) and (x) above, the four 

accessible parking spaces located across the vehicular way from Grace 

Academy are not located on the shortest distance from the accessible route in 

violation of section 208.3.1 of the 2010 ADAAG standards. This barrier to 

access would cause Plaintiff difficulty to access the units of the Property if he 

parked at any of these accessible parking spaces.

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xii. Across the vehicular way from Foodtown, due to an inadequate policy of 

parking lot maintenance or a lack thereof, the two accessible parking spaces are 

not adequately marked so as to adequately gauge the width of accessible 

parking spaces and the presence of an access aisle and is therefore in violation 

of Section 502.1 and 502.2 of the 2010 ADAAG standards. This barrier to 

access would make it difficult for Plaintiff to locate an accessible parking space 

and may cause other vehicles to unknowingly park in the accessible parking 

space decreasing the available width to Plaintiff.

xiii. Across the vehicular way from Foodtown, due a failure to keep shopping carts 

out of the accessible route, the Property lacks an accessible route from the two 

accessible parking spaces to the accessible entrance of the Property in violation 

of section 208.3.1 of the 2010 ADAAG standards. This barrier to access would 

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

xiv. Across the vehicular way from Unit 5335, the two accessible parking spaces 

have 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.

xv. Across the vehicular way from Unit 5335, due to an inadequate policy of 

parking lot maintenance or a lack thereof, there are two accessible parking 

spaces that are not adequately marked so as to adequately gauge the width of 

accessible parking spaces and the presence of an access aisle and is therefore in 

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violation of Section 502.1 and 502.2 of the 2010 ADAAG standards. This 

barrier to access would make it difficult for Plaintiff to locate an accessible 

parking space and may cause other vehicles to unknowingly park in the 

accessible parking space decreasing the available width to Plaintiff.

xvi. Across the vehicular way from Unit 29, due to an inadequate policy of parking 

lot maintenance or a lack thereof, there are two accessible parking spaces that 

are not adequately marked so as to adequately gauge the width of accessible 

parking spaces and the presence of an access aisle and is therefore in violation 

of Section 502.1 and 502.2 of the 2010 ADAAG standards. This barrier to 

access would make it difficult for Plaintiff to locate an accessible parking space 

and may cause other vehicles to unknowingly park in the accessible parking 

space decreasing the available width to Plaintiff.

xvii. Nearest to China Sky, due to a failure to enact a policy of proper grounds 

maintenance, there are broken surfaces and leaves in the accessible parking 

space. As a result, the ground surfaces of the accessible space 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.

xviii. Nearest to China Sky, the accessible parking space has a slope in excess of 1:48 

in violation of section 502.4 of the 2010 ADAAG standards and is not level. 

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

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

may roll down the slope while entering or exiting the vehicle.

xix. Across the vehicular way from Planet Fitness, due to an inadequate policy of 

parking lot maintenance or a lack thereof, there are two accessible parking 

spaces that are not adequately marked so as to adequately gauge the width of 

accessible parking spaces and the presence of an access aisle and is therefore in 

violation of Section 502.1 and 502.2 of the 2010 ADAAG standards. This 

barrier to access would make it difficult for Plaintiff to locate an accessible 

parking space and may cause other vehicles to unknowingly park in the 

accessible parking space decreasing the available width to Plaintiff.

xx. Across the vehicular way from Planet Fitness, due to a failure to enact a policy 

of proper grounds maintenance, there are broken surfaces and roots in the access 

aisle. As a result, the ground surfaces of the 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.

xxi. Across the vehicular way from Planet Fitness, due to a failure to enact a policy 

of proper grounds maintenance, there are broken surfaces and roots in the access 

aisle. As a result, the access aisle adjacent to the accessible parking spaces 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 

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

vehicle.

xxii. Across the vehicular way from Planet Fitness, due to a failure to enact a policy 

of proper grounds maintenance, there are broken surfaces and roots in the access 

aisle. As a result, the access aisle has a cross slope in excess of 1:48 in violation 

of section 502.4 of the 2010 ADAAG standards and is not level. This barrier to 

access would make it dangerous and difficult for Plaintiff to enter and exit the 

vehicle as a level surface is needed so the wheelchair does not tip over and 

injure Plaintiff as excessive cross-slopes increases the likelihood of Plaintiff’s 

wheelchair tipping over on its side and injuring Plaintiff.

xxiii. Between Planet Fitness and Unit 18, across the vehicular way, due to an 

inadequate policy of parking lot maintenance or a lack thereof, there are two 

accessible parking spaces that are not adequately marked so as to adequately 

gauge the width of accessible parking spaces and the presence of an access aisle 

and is therefore in violation of Section 502.1 and 502.2 of the 2010 ADAAG 

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

an accessible parking space and may cause other vehicles to unknowingly park 

in the accessible parking space decreasing the available width to Plaintiff.

xxiv. Between Planet Fitness and Unit 18, across the vehicular way, there are two 

accessible parking spaces that are missing identification signs in violation of 

section 502.6 of the 2010 ADAAG standards. This barrier to access would make 

it difficult for Plaintiff to locate an accessible parking space.

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xxv. Between Planet Fitness and Unit 18, across the vehicular way, due to a failure 

to enact a policy of proper grounds maintenance, there are broken surfaces and 

leaves in the access aisle. As a result, the ground surfaces of the 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.

xxvi. Due to a failure to enact a policy of proper grounds maintenance, there are 

debris and leaves strewn through the accessible route leadings to the accessible 

entrances of the Property. As a result, the ground surfaces of the accessible route 

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 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.

xxvii. Across the vehicular way from Planet Fitness, the two accessible parking spaces 

are not located on the shortest distance to the accessible route leading to the 

accessible entrances or the shortest distance to an accessible entrance, in 

violation of section 208.3.1 of the 2010 ADAAG Standards. This barrier to 

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

the Property from these accessible parking spaces as the far location increases 

the likelihood of traversing into the vehicular way and getting struck by a 

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vehicle or encountering a barrier to access which stops Plaintiff from accessing 

the public accommodations offered at the Property.

xxviii. Across the vehicular way from Unit 15 are two accessible parking spaces. Due 

to no nearby accessible ramp, the Property lacks an accessible route from these 

accessible parking spaces to the accessible entrance of the Property in violation 

of section 208.3.1 of the 2010 ADAAG standards. This barrier to access would 

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

xxix. Across the vehicular way from Unit 15, due to an inadequate policy of parking 

lot maintenance or a lack thereof, the two accessible parking spaces are not 

adequately marked so as to adequately gauge the width of accessible parking 

spaces and the presence of an access aisle and is therefore in violation of Section 

502.1 and 502.2 of the 2010 ADAAG standards. This barrier to access would 

make it difficult for Plaintiff to locate an accessible parking space and may 

cause other vehicles to unknowingly park in the accessible parking space 

decreasing the available width to Plaintiff.

xxx. 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 

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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 

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: November 14, 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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