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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.

HOWARD MICHAEL CAPLAN,

Plaintiff,

vs.

L.G. IMPORT-EXPORT. INC., a Florida 

Profit Corporation d/b/a L.G. AUTO 

SALES,

Defendant.

_______________________________/

COMPLAINT

Plaintiff, HOWARD MICHAEL CAPLAN (hereinafter “Plaintiff”), through the undersigned 

counsel, hereby files this complaint and sues L.G. IMPORT-EXPORT. INC. d/b/a L.G. AUTO 

SALES (“L.G.”) (hereinafter, referred to as “Defendant”), for declaratory and injunctive relief; 

for discrimination based on disability; and for the resultant attorney's fees, expenses, and costs 

(including, but not limited to, court costs and expert fees), pursuant to 42 U.S.C. §12181 et. seq.,

("AMERICANS WITH DISABILITIES ACT OF 1990," or "ADA") and alleges:

JURISDICTION 

1. This Court is vested with original jurisdiction over this action pursuant to 28 U.S.C. 

§1331 and §1343 for Plaintiff’s claims arising under Title 42 U.S.C. §12181 et. seq., based on 

Defendant’s violations of Title III of the Americans with Disabilities Act of 1990, (hereinafter 

referred to as the "ADA"). See also 28 U.S.C. §2201 and §2202.

VENUE

2. The venue of all events giving rise to this lawsuit is located in Palm Beach County, 

Florida. Pursuant to 28 U.S.C. §1391(B) and rule 3.1 of Local Rules of the United States District 

Court for the Southern District of Florida, this is the designated court for this suit.

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PARTIES

3. Plaintiff, HOWARD MICHAEL CAPLAN, is a resident of the State of Florida. At the 

time of Plaintiff’s visit to L G Auto Sales (“Subject Facility”), Plaintiff suffered from a 

“qualified disability” under the ADA, which substantially limits Plaintiff’s major life activities, 

including but not limited to walking, and requires the use of a mobility aid. Plaintiff personally 

visited L G Auto Sales, but was denied full and equal access, and full and equal enjoyment of the 

facilities, services, goods, and amenities within L G Auto Sales, which is the subject of this 

lawsuit. The Subject Facility is a car dealer, and Plaintiff wanted to look for a vehicle for sale but 

was unable to due to the discriminatory barriers enumerated in Paragraph 15 of this Complaint.

4. In the alternative, Plaintiff, HOWARD MICHAEL CAPLAN, is an advocate of the rights 

of similarly situated disabled persons and is a “tester” for the purpose of asserting his civil rights 

and monitoring, ensuring and determining whether places of public accommodation are in 

compliance with the ADA. 

5. Defendant, L.G., is authorized to conduct business and is in fact conducting business 

within the State of Florida. The Subject Facility is located at 724 N Federal Hwy, Boynton 

Beach, FL 33435. Upon information and belief, L.G. is the lessee and/or operator of the Real 

Property and therefore held accountable of the violations of the ADA in the Subject Facility 

which is the matter of this suit. Upon information and belief, L.G. is also the owner and lessor of 

the Real Property where the Subject Facility is located and therefore held accountable for the 

violations of the ADA in the Subject Facility which is the matter of this suit.

CLAIMS: VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT

6. Plaintiff adopts and re-alleges the allegations stated in paragraphs 1 through 5 of this 

complaint, as are further explained herein.

7. 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 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 Defendants had ten (10) or fewer employees and 

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gross receipts of $500,000 or less. See 42 U.S.C. §12181; 28 C.F.R. §36.508(a).

8. As stated in 42 U.S.C. §12101(a) (1)-(3), (5) and (9), Congress found, among other 

things, that:

i. some 43,000,000 Americans have one or more physical or mental disability, and this 

number shall increase as the population continues to grow and age;

ii. historically, society has tended to isolate and segregate individuals with disabilities 

and, despite some improvements, such forms of discrimination against disabled 

individuals continue to be a pervasive social problem, requiring serious attention;

iii. 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;

iv. 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,

v. 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 this country is justifiably famous, and costs the United 

States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.

9. As stated in 42 U.S.C. §12101(b)(1)(2) and (4), Congress explicitly stated that the 

purpose of the ADA was to:

i. provide a clear and comprehensive national mandate for the elimination of 

discrimination against individuals with disabilities;

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

against individuals with disabilities; and,

iii. 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.

10. Pursuant to 42 U.S.C. §12181(7), and 28 CFR §36.104, Title III, no individual may be 

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discriminated against on the basis of disability with regards to the full and equal enjoyment of 

the goods, services, facilities, or accommodations of any place of public accommodation by any 

person who owns, leases (or leases to), or operates a place of public accommodation. L G Auto 

Sales is a place of public accommodation by the fact it is an establishment that provides 

goods/services to the general public, and therefore, must comply with the ADA. The Subject 

Facility is open to the public, its operations affect commerce, and it is a sales establishment. See 

42 U.S.C. Sec. 12181(7) and 28 C.F.R. 36.104. Therefore, the Subject Facility is a public 

accommodation that must comply with the ADA.

11. The 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 at L G Auto Sales located at 

724 N Federal Hwy, Boynton Beach, FL 33435, 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).

12. Plaintiff has visited the Subject Facility, and has been denied full, safe, and equal access 

to the facility and therefore suffered an injury in fact.

13. Plaintiff shall suffer a future injury as Plaintiff intends to return and enjoy the goods 

and/or services at the Subject Facility within the next six months. The Subject Facility is in close 

proximity to Plaintiff’s residence and is in an area frequently travelled by Plaintiff. Furthermore, 

Plaintiff will also return to monitor compliance with the ADA. However, Plaintiff is precluded 

from doing so by the Defendant’s failure and refusal to provide people with disabilities with full 

and equal access to their facility. Therefore, Plaintiff continues to suffer from discrimination and 

injury due to the architectural barriers, which are in violation of the ADA.

14. Pursuant to the mandates of 42 U.S.C. §12134(a), on July 26, 1991, the Department of 

Justice, Office of the Attorney General, promulgated Federal Regulations to implement the 

requirements of the ADA. The ADA Accessibility guidelines (hereinafter referred to as 

“ADAAG”), 28 C.F.R. Part 36, may cause violators to obtain civil penalties of up to $55,000 for 

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the first violation and $110,000 for any subsequent violation. 

15. The Defendant is in violation of 42 U.S.C. §12181 et. seq., and 28 C.F.R. 36.302 et. seq., 

and is discriminating against the Plaintiff with the following specific violations which Plaintiff 

personally encountered and/or has knowledge of:

a) The customer parking facility in front of the auto dealership does not provide a compliant 

accessible parking space. 2012 ADA Standards 502.1 

b) The parking facility does not have the minimum number of accessible parking spaces 

required. 2012 ADA Standards 208.2 

c) The business has customer parking in front of the main entrance. One (1) compliant 

accessible parking space with adjacent access aisle is required. 2012 ADA Standards 

208.2 

d) If a total of 4 or fewer parking spaces (inaccessible and accessible) are provided on a site, 

the required accessible space does not have to be identified by a sign (i.e., reserved 

exclusively for use of people with disabilities) (§216.5, Ex. 1). However, all other 

requirements for spaces, including access aisles, still apply. 2012 ADA Standards 216.5 

e) Existing facility does not provide a compliant accessible route to the main sales office 

from any site arrival point. 2012 ADA Standards 206.2, 208, 401.1 

f) There is no compliant access aisle attached to an accessible route serving any existing 

parking space which would allow safe entrance or exit of vehicle for accessible persons 

requiring mobility devices. 2012 ADA Standards 502.2 

g) There is currently no existing accessible route to help persons with disabilities enter the 

facility or safely maneuver through the parking area. At least one accessible route must 

be provided within the site from accessible parking spaces and accessible passenger 

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loading zones; public streets and sidewalks; and public transportation stops to the 

accessible building or facility entrance they serve. 2012 ADA Standards 206.2.1 

h) The customer entrance is non-compliant. There is a vertical rise (step) from the parking 

lot up to the main office door exceeding the maximum rise allowed. Changes in level of 

1/4 inch high maximum are permitted to be vertical. 2012 ADA Standards 302.2 

i) The customer entrance door has non-compliant door hardware. Operable parts must be 

operable with one hand and not require tight grasping, pinching, or twisting of the wrist. 

2012 ADA Standards 309.4 

j) The facility does not provide compliant directional and informational signage to an 

accessible route which would lead to an accessible entrance. Where not all entrances 

comply, compliant entrances must be identified by the International Symbol of 

Accessibility. Directional signs that indicate the location of the nearest compliant 

entrance must be provided at entrances that do not comply. 2012 ADA Standards 216.6

16. Upon information and belief there are other current violations of the ADA at L G Auto 

Sales. Only upon full inspection can all violations be identified. Accordingly, a complete list of 

violations will require an on-site inspection by Plaintiff’s representatives pursuant to Rule 34b of 

the Federal Rules of Civil Procedure.

17. Upon information and belief, Plaintiff alleges that removal of the discriminatory barriers 

and violations is readily achievable and technically feasible. 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.

18. Pursuant to the ADA, 42 U.S.C. §12101 et. seq., and 28 C.F.R. §36.304, the Defendant

was required to make the establishment a place of public accommodation, accessible to persons 

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with disabilities by January 28, 1992. As of this date the Defendant has failed to comply with 

this mandate.

19. Plaintiff has been obligated to retain the undersigned counsel for the filing and 

prosecution of this action. Plaintiff is entitled to have its reasonable attorney's fees, costs and

expenses paid by the Defendant, pursuant to 42 U.S.C. §12205.

20. Pursuant to 42 U.S.C. §12188, this Court is vested with the authority to grant Plaintiff 

injunctive relief, including an Order to alter the subject facilities to make them readily accessible 

and useable by individuals with disabilities to the extent required by the ADA, closing the 

Subject Facility until the requisite modifications are completed, entering an Order directed at 

maintenance and future compliance, and entering an Order for Defendants to make reasonable 

modifications in policies, practices, or procedures.

COUNT I- DECLARATORY RELIEF

21. The Defendant’s Facility has architectural barriers which Plaintiff personally encountered 

and/or has knowledge of.

22. Defendant has failed to make reasonable modifications in policies, practices, or procedures 

to ensure full and equal enjoyment of goods, services, facilities, privileges, advantages and/or 

accommodations at the Defendant’s Facility to Plaintiff, and similarly situated individuals with 

disabilities.

23. 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 at the Subject Facility, as 

prohibited by 42 U.S.C. §12182, and 42 U.S.C. §12101 et. seq.; by failing to make reasonable 

modifications in policies, practices, or procedures pursuant to 42 U.S.C. §12182(b)(2)(A)(ii); and 

by failing to remove architectural barriers pursuant to 42 U.S.C. §12182(b)(2)(A)(iv).

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24. Unless declared that the Subject Facility owned, operated and/or controlled by the 

Defendant is in violation of the ADA, Defendant shall continue 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 at the Subject Facility.

25. Plaintiff has been obligated to retain the undersigned counsel for the filing and 

prosecution of this action. Plaintiff is entitled to have its reasonable attorney's fees, costs and 

expenses paid by the Defendant, pursuant to 42 U.S.C. §12205.

WHEREFORE, Plaintiff demands judgment against the Defendant and requests that this 

Honorable Court declare that the Subject Facility owned, operated and/or controlled by the 

Defendant is in violation of Title III of the ADA, and award reasonable attorney's fees, all costs 

(including, but not limited to court costs and expert fees) and other expenses of suit, to Plaintiff.

COUNT II- INJUNCTIVE RELIEF TO REMOVE ARCHITECTURAL BARRIERS

26. The Defendant’s Facility has architectural barriers which Plaintiff personally encountered 

and/or has knowledge of.

27. Upon information and belief, Plaintiff alleges that removal of the discriminatory barriers 

and violations is readily achievable and technically feasible. 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. 

28. Unless enjoined by the Court, Defendant shall continue 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 at the Subject Facility

by failing to remove architectural barriers pursuant to 42 U.S.C. §12182(b)(2)(A)(iv).

29. Pursuant to 42 U.S.C. §12188, this Court is vested with the authority to grant Plaintiff 

injunctive relief, including an Order to alter the subject facilities to make them readily accessible 

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and useable by individuals with disabilities to the extent required by the ADA and closing the 

Subject Facility until the requisite modifications are completed.

30. Plaintiff has been obligated to retain the undersigned counsel for the filing and 

prosecution of this action. Plaintiff is entitled to have its reasonable attorney's fees, costs and 

expenses paid by the Defendant, pursuant to 42 U.S.C. §12205.

WHEREFORE, Plaintiff demands judgment against the Defendant and requests that this 

Honorable Court enter an Order requiring the Defendant to alter the Subject Facility and remove 

architectural barriers to make the Subject Facility accessible to and usable by individuals with 

disabilities to the full extent required by Title III of the ADA, and award reasonable attorney's 

fees, all costs (including, but not limited to court costs and expert fees) and other expenses of 

suit, to Plaintiff.

COUNT III- INJUNCTIVE RELIEF TO MODIFY POLICIES, PRACTICES AND 

PROCEDURES

31. The Defendant’s Facility has architectural barriers which Plaintiff personally encountered 

and/or has knowledge of.

32. Defendant has failed to make reasonable modifications in policies, practices, or 

procedures to ensure full and equal enjoyment of goods, services, facilities, privileges, 

advantages and/or accommodations at the Defendant’s Facility to Plaintiff, and similarly situated 

individuals with disabilities.

33. Unless enjoined by the Court, the Defendant shall continue 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 at the 

Subject Facility by failing to make reasonable modifications in policies, practices, or procedures 

pursuant to 42 U.S.C. §12182(b)(2)(A)(ii).

34. Pursuant to 42 U.S.C. §12188, this Court is vested with the authority to grant Plaintiff 

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injunctive relief, including an Order for the Defendant to make reasonable modifications in 

policies, practices, or procedures.

35. Plaintiff has been obligated to retain the undersigned counsel for the filing and 

prosecution of this action. Plaintiff is entitled to have its reasonable attorney's fees, costs and 

expenses paid by the Defendant, pursuant to 42 U.S.C. §12205.

WHEREFORE, Plaintiff demands judgment against the Defendant and requests that this 

Honorable Court enter an Order requiring the Defendant to evaluate, neutralize and modify their 

policies, practices and procedures as are necessary to make the Subject Facility accessible to and 

usable by individuals with disabilities to the full extent required by Title III of the ADA, and 

award reasonable attorney's fees, all costs (including, but not limited to court costs and expert 

fees) and other expenses of suit, to Plaintiff.

COUNT IV- INJUNCTIVE RELIEF TO MAINTAIN COMPLIANCE

36. The Defendant’s Facility has architectural barriers which Plaintiff personally encountered 

and/or has knowledge of.

37. Upon information and belief, Plaintiff alleges that removal of the discriminatory barriers 

and violations is readily achievable and technically feasible. 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.

38. Unless enjoined by the Court, the Defendant shall continue 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 at the 

Subject Facility by failing to maintain compliance with the ADA by allowing physical alterations 

to revert back into noncompliance, and by failing to enforce any modifications in policies, 

practices, or procedures.

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39. Pursuant to 42 U.S.C. §12188, this Court is vested with the authority to grant Plaintiff 

injunctive relief, including an Order directed at maintenance and future compliance, and entering 

an Order for the Defendant to maintain reasonable modifications in policies, practices, or 

procedures.

40. Plaintiff has been obligated to retain the undersigned counsel for the filing and 

prosecution of this action. Plaintiff is entitled to have its reasonable attorney's fees, costs and 

expenses paid by the Defendant, pursuant to 42 U.S.C. §12205.

WHEREFORE, Plaintiff demands judgment against the Defendant and requests that this 

Honorable Court enter an Order requiring the Defendant to maintain the alterations and 

modifications required to keep the Subject Facility accessible to and usable by individuals with 

disabilities and in compliance with Title III of the ADA, and award reasonable attorney's fees, all 

costs (including, but not limited to court costs and expert fees) and other expenses of suit, to 

Plaintiff.

Dated this October 27, 2022.

Respectfully submitted by:

Ronald E. Stern

Ronald E. Stern, Esq.

Florida Bar No. 10089

THE ADVOCACY LAW FIRM, P.A.

1250 East Hallandale Beach Boulevard, Suite 503

Hallandale Beach, Florida 33009

Telephone: (954) 639-7016

Facsimile: (954) 639-7198

E-Mail: ronsternlaw@gmail.com

Attorney for Plaintiff, HOWARD MICHAEL CAPLAN

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.

HOWARD MICHAEL CAPLAN,

Plaintiff,

vs.

L.G. IMPORT-EXPORT. INC., a Florida 

Profit Corporation d/b/a L.G. AUTO 

SALES,

Defendant.

_______________________________/

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on October 27, 2022, I electronically filed the Complaint 

along with a Summons for each Defendant with the Clerk of Court using CM/ECF. I also certify 

that the aforementioned documents are being served on all counsel of record, corporations, or pro 

se parties identified on the attached Service List in the manner specified via Service of Process 

by an authorized Process Server, and that all future pleadings, motions and documents will be 

served either via transmission of Notices of Electronic Filing generated by CM/ECF or via U.S. 

Mail for those counsel or parties who are not authorized to receive electronically Notices of 

Electronic Filing.

By: Ronald E. Stern

Ronald E. Stern, Esq.

Florida Bar No. 10089

THE ADVOCACY LAW FIRM, P.A.

1250 East Hallandale Beach Boulevard, Suite 503

Hallandale Beach, Florida 33009

Telephone: (954) 639-7016

Facsimile: (954) 639-7198

E-Mail: ronsternlaw@gmail.com

Attorney for Plaintiff, HOWARD MICHAEL CAPLAN

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SERVICE LIST:

HOWARD MICHAEL CAPLAN, Plaintiff, vs. L.G. IMPORT-EXPORT. INC., a Florida Profit 

Corporation d/b/a L.G. AUTO SALES

United States District Court Southern District of Florida

CASE NO.

L.G. IMPORT-EXPORT. INC. d/b/a L.G. AUTO SALES

REGISTERED AGENT:

GAMBA, LUIS

724 NORTH FEDERAL HWY

BOYNTON BEACH, FL 33435

VIA PROCESS SERVER 

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