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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MICHAEL JOSEPH,

Plaintiff,

vs. 

P.D.K.N. P-4, LLC, 

Defendants.

COMPLAINT

Plaintiff, MICHAEL JOSEPH (hereinafter “Plaintiff”), by his undersigned counsel, 

hereby files this Complaint and sues Defendant P.D.K.N. P-4, LLC (hereinafter “Defendant”), 

for injunctive relief pursuant to the Americans with Disabilities Act, 42 U.S.C. § 12181, et seq., 

(hereinafter the “A.D.A”), the ADA’s Accessibility Guidelines, 28 C.F.R. Part 36 (hereinafter 

the “ADAAG”), and the Florida Building Code. 

JURISDICTION

1. This Court has original jurisdiction over the action pursuant to 28 U.S.C., §§1331 

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

violations of Title III of the ADA (see also, 28 U.S.C. §§ 2201 and 2202). 

2. Defendant’s violations of Title III of the ADA exist at a place of public 

accommodation and at the property and business subject to this action which is located at 3115 

NE 32ND AVENUE, FORT LAUDERDALE, FL 33308 (“Subject Property”).

PARTIES

3. Plaintiff, MICHAEL JOSEPH, is a resident of Broward County, Florida and is sui 

juris. He is a qualified individual with disabilities under the ADA law. Due to an injury in 2003, 

Plaintiff has been bound to ambulate in a wheelchair. Plaintiff has visited the Subject Property, 

which forms the basis of this lawsuit and plan to return to the property to avail himself of the 

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goods and services offered to the public at the property, and to determine whether the property 

has been made ADA compliant. His access to the Subject Property and/or full and equal 

enjoyment of the goods, services, facilities, privileges, advantages, and/or accommodations 

offered therein was denied and/or limited because of these disabilities and will be denied and/or 

barriers to access and ADA violations which exist at the Subject Property, including but not 

limited, to those set forth in the Complaint.

4. Independent of his personal desire to have access to this place of public 

accommodation free of illegal barriers to access Plaintiff 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. Independent of other subsequent visits, Plaintiff also intends to visit 

the Subject Property regularly to verify its compliance or non-compliance with the ADA, and its 

maintenance of the accessible features of the Subject Property. In this instance, Plaintiff, in 

Plaintiff's individual capacity and as a "tester", visited the Subject Property, encountered barriers 

to access at the Subject Property, 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 violations of the ADA 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.

5. Defendant, P.D.K.N. P-4, LLC transacts business in the State of Florida and 

within this judicial district. Defendant is the owner and/or representative of the owner and/or 

operator of the property, which is the subject of this action, located on or about 3115 NE 32ND

AVENUE, FORT LAUDERDALE, FL 33308 (“Subject Property”).

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6. Defendant, P.D.K.N. P-4, LLC transacts business in the State of Florida and 

within this judicial district. Defendant is the owner and/or operator of the sports bar and grill

known as BOKAMPER’S, which is the subject of this action, located on or about 3115 NE 32ND

AVENUE, FORT LAUDERDALE, FL 33308 (“Subject Property”).

7. The Subject Property is in an area frequently traveled by Plaintiff.

8. The Defendant’s Subject Property is a public accommodation and service 

establishment, and although required by law to do so, it is not in compliance with the ADA and 

ADAAG.

9. In this instance, Plaintiff visited the Subject Property and encountered barriers to 

access at the Subject Property, and engaged barriers, suffered legal harm and injury, and will 

continue to suffer legal harm and injury as a result of the illegal barriers to access, and 

Defendant’s ADA violations set forth herein. 

10. Plaintiff has suffered and continues to suffer direct and indirect injury as a result 

of the ADA violations that exist at the Subject Property and the actions or inactions described 

herein. 

11. All events giving rise to this lawsuit occurred in the State of Florida. Venue is 

proper in this Court as the Subject Property are located in the Southern District.

FACTUAL ALLEGATIONS AND CLAIM

12. Plaintiff has attempted to and has, to the extent possible, accessed the Subject 

Property, but could not do so because of his disabilities due to the physical barriers to access, 

dangerous conditions and ADA violations that exist at the Subject Property that restrict and/or 

limit his access to the Subject Property and/or the goods, services, facilities, privileges, 

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advantages and/or accommodations offered therein, including those barriers, conditions and 

ADA violations more specifically set forth in this Complaint.

13. Plaintiff intends to visit the Subject Property again in the near future in order to 

utilize all of the goods, services, facilities, privileges, advantages, and/or accommodations 

commonly offered at the Subject Property, but will be unable to do so because of his disability 

due to the physical barriers to access, dangerous conditions and ADA violations that exist at the 

Subject Property that restrict and/or limit his access to the Subject Property and/or 

accommodations offered therein, including those barriers conditions and ADA violations more 

specifically set forth in this Complaint.

14. Defendant has discriminated against Plaintiff and others with disabilities by 

denying access to, and full and equal enjoyment of the goods, services, facilities, privileges, 

advantages and/or accommodations of the Subject Property, as prohibited by 42 U.S.C., § 12182, 

et. seq., and by failing to remove architectural barriers as required by 42 U.S.C., § 

12182(b)(2)(A)(iv), and will continue to discriminate against Plaintiff and others with disabilities 

unless and until Defendant is compelled to remove all physical barriers that exist at the Subject 

Property, including those specifically set forth herein, and make the Subject Property accessible 

to and usable by persons with disabilities, including Plaintiff.

15. Defendant has discriminated against Plaintiff by failing to comply with the above 

requirements. A specific, although not exclusive, list of unlawful physical barriers, dangerous 

conditions and ADA violations which preclude and/or limit Plaintiff’s ability (because of his 

disability) to access the Subject Property and/or full and equal enjoyment of the goods, services, 

facilities, privileges, advantages and/or accommodations of the Subject Property include: 

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PARKING AREA:

• PARKING SPACE SIGN IDENTIFYING THE ACCESSIBLE VAN PARKING 

SPACE NOT

• PROVIDED AS REQUIRED.

ADAAG 208 Parking Spaces

ADAAG 208.1 General.

Where parking spaces are provided, parking spaces shall be provided in accordance with 208.

ADAAG 208.2 Minimum Number.

Parking spaces complying with 502 shall be provided in accordance with Table 208.2 except 

as required by 208.2.1, 208.2.2, and 208.2.3. Where more than one parking facility is 

provided on site, the number of accessible spaces provided on the site shall be calculated 

according to the number of spaces required for each parking facility.

ADAAG 208.2.4 Van Parking Spaces.

For every six or fraction of six parking spaces required by 208.2 to comply with 502, at least 

one shall be a van parking space complying with 502.

ADAAG 502.6 Identification.

Parking space identification signs shall include the International Symbol of Accessibility 

complying with 703.7.2.1. Signs identifying van parking spaces shall contain the designation 

“van accessible.” Signs shall be 60 inches (1525 mm) minimum above the finish floor or 

ground surface measured to the bottom of the sign.

DINING AREA: 

• INACCESSIBLE DINING TABLES LOCATED AT DOCKSIDE DINING AREA.

• REQUIRED MINIMUM KNEE TOE CLEARANCE NOT PROVIDED AT 

DINING TABLES LOCATED AT DOCKSIDE DINING AREA.

• A MINIMUM PERCENTAGE OF EXISTING DINING TABLES REQUIRED TO 

BE ACCESSIBLE NOT PROVIDED AT DOCKSIDE DINING AREA.

ADAAG 226 Dining Surfaces and Work Surfaces

ADAAG 226.1 General.

Where dining surfaces are provided for the consumption of food or drink, at least 5 percent of 

the seating spaces and standing spaces at the dining surfaces shall comply with 902.

ADAAG 902 Dining Surfaces and Work Surfaces

ADAAG 902.1 General.

Dining surfaces and work surfaces shall comply with 902.2 and 902.3.

ADAAG 902.2 Clear Floor or Ground Space.

A clear floor space complying with 305 positioned for a forward approach shall be provided.

Knee and toe clearance complying with 306 shall be provided.

ADAAG 306.2 Toe Clearance.

ADAAG 306.2.3 Minimum Required Depth.

Where toe clearance is required at an element as part of a clear floor space, ,the toe clearance 

shall extend 17 inches (430 mm) minimum under the element. 

ADAAG 306.2.5 Width. 

Toe clearance shall be 30 inches (760 mm) wide minimum.

• THE FIRST OF TWO INTERIOR BARS IS INACCESSIBLE.

• NON-COMPLIANT HEIGHT OF THE FIRST OF TWO INTERIOR BARS 

EXCEEDS MAXIMUM HEIGHT ALLOWANCE.

• REQUIRED MINIMUM KNEE AND TOE CLEARANCE NOT PROVIDED AT 

THE FIRST OF TWO INTERIOR BARS.

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• PORTION OF THE FIRST OF TWO INTERIOR BARS REQUIRED TO BE 

ACCESSIBLE NOT PROVIDED.

ADAAG 226 Dining Surfaces and Work Surfaces

ADAAG 226.1 General.

Where dining surfaces are provided for the consumption of food or drink, at least 5 percent of 

the seating spaces and standing spaces at the dining surfaces shall comply with 902.

ADAAG 902 Dining Surfaces and Work Surfaces

ADAAG 902.1 General.

Dining surfaces and work surfaces shall comply with 902.2 and 902.3.

Advisory 902.1 General.

Dining surfaces include, but are not limited to, bars, tables, lunch counters, and booths.

ADAAG 902.2 Clear Floor or Ground Space.

A clear floor space complying with 305 positioned for a forward approach shall be provided.

Knee and toe clearance complying with 306 shall be provided.

ADAAG 902.3 Height.

The tops of dining surfaces and work surfaces shall be 28 inches (710 mm) minimum and 34 

inches

(865 mm) maximum above the finish floor or ground.

ADAAG 306.2 Toe Clearance.

ADAAG 306.2.3 Minimum Required Depth.

Where toe clearance is required at an element as part of a clear floor space, the toe clearance 

shall extend 17 inches (430 mm) minimum under the element.

ADAAG 306.2.5 Width.

Toe clearance shall be 30 inches (760 mm) wide minimum.

ADAAG 306.3 Knee Clearance.

ADAAG 306.3.3 Minimum Required Depth.

Where knee clearance is required under an element as part of a clear floor space, the knee 

clearance shall be 11 inches deep minimum at 9 inches above the ground, and 8 inches deep 

minimum at 27 inches (685 mm) above the finish floor or ground.

ADAAG 306.3.5 Width.

Knee clearance shall be 30 inches (760 mm) wide minimum.

• THE SECOND OF TWO INTERIOR BARS IS INACCESSIBLE.

• NON-COMPLIANT HEIGHT OF THE SECOND OF TWO INTERIOR BARS 

EXCEEDS MAXIMUM HEIGHT ALLOWANCE.

• REQUIRED MINIMUM KNEE AND TOE CLEARANCE NOT PROVIDED AT 

THE SECOND OF TWO INTERIOR BARS.

• PORTION OF THE SECOND OF TWO INTERIOR BARS REQUIRED TO BE 

ACCESSIBLE NOT PROVIDED.

ADAAG 226 Dining Surfaces and Work Surfaces

ADAAG 226.1 General.

Where dining surfaces are provided for the consumption of food or drink, at least 5 percent of 

the seating spaces and standing spaces at the dining surfaces shall comply with 902.

ADAAG 902 Dining Surfaces and Work Surfaces

ADAAG 902.1 General.

Dining surfaces and work surfaces shall comply with 902.2 and 902.3.

Advisory 902.1 General.

Dining surfaces include, but are not limited to, bars, tables, lunch counters, and booths.

ADAAG 902.2 Clear Floor or Ground Space.

A clear floor space complying with 305 positioned for a forward approach shall be provided.

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Knee and toe clearance complying with 306 shall be provided.

ADAAG 902.3 Height.

The tops of dining surfaces and work surfaces shall be 28 inches (710 mm) minimum and 34 

inches

(865 mm) maximum above the finish floor or ground.

ADAAG 306.2 Toe Clearance.

ADAAG 306.2.3 Minimum Required Depth.

Where toe clearance is required at an element as part of a clear floor space, the toe clearance 

shall extend 17 inches (430 mm) minimum under the element.

ADAAG 306.2.5 Width.

Toe clearance shall be 30 inches (760 mm) wide minimum.

ADAAG 306.3 Knee Clearance.

ADAAG 306.3.3 Minimum Required Depth.

Where knee clearance is required under an element as part of a clear floor space, the knee 

clearance shall be 11 inches deep minimum at 9 inches above the ground, and 8 inches deep 

minimum at 27 inches (685 mm) above the finish floor or ground.

ADAAG 306.3.5 Width.

Knee clearance shall be 30 inches (760 mm) wide minimum.

• INACCESSIBLE SUSHI AND RAW BAR DINING COUNTER LOCATED AT 

INTERIOR DINING AREA.

• NON-COMPLIANT HEIGHT OF SUSHI AND RAW BAR DINING COUNTER 

LOCATED AT INTERIOR DINING AREA EXCEEDS MAXIMUM HEIGHT 

ALLOWANCE.

• REQUIRED MINIMUM KNEE AND TOE CLEARANCE NOT PROVIDED AT 

SUSHI AND RAW BAR DINING COUNTER LOCATED AT INTERIOR DINING

AREA.

• PORTION OF SUSHI AND RAW BAR DINING COUNTER REQUIRED TO BE 

ACCESSIBLE NOT PROVIDED.

ADAAG 226 Dining Surfaces and Work Surfaces

ADAAG 226.1 General.

Where dining surfaces are provided for the consumption of food or drink, at least 5 percent of 

the seating spaces and standing spaces at the dining surfaces shall comply with 902.

ADAAG 902 Dining Surfaces and Work Surfaces

ADAAG 902.1 General.

Dining surfaces and work surfaces shall comply with 902.2 and 902.3.

Advisory 902.1 General.

Dining surfaces include, but are not limited to, bars, tables, lunch counters, and booths.

ADAAG 902.2 Clear Floor or Ground Space.

A clear floor space complying with 305 positioned for a forward approach shall be provided.

Knee and toe clearance complying with 306 shall be provided.

ADAAG 902.3 Height.

The tops of dining surfaces and work surfaces shall be 28 inches (710 mm) minimum and 34 

inches

(865 mm) maximum above the finish floor or ground.

ADAAG 306.2 Toe Clearance.

ADAAG 306.2.3 Minimum Required Depth.

Where toe clearance is required at an element as part of a clear floor space, the toe clearance 

shall extend 17 inches (430 mm) minimum under the element.

ADAAG 306.2.5 Width.

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Toe clearance shall be 30 inches (760 mm) wide minimum.

ADAAG 306.3 Knee Clearance.

ADAAG 306.3.3 Minimum Required Depth.

Where knee clearance is required under an element as part of a clear floor space, the knee 

clearance shall be 11 inches deep minimum at 9 inches above the ground, and 8 inches deep 

minimum at 27 inches (685 mm) above the finish floor or ground.

ADAAG 306.3.5 Width.

Knee clearance shall be 30 inches (760 mm) wide minimum.

• EXTERIOR WATERFRONT BAR IS INACCESSIBLE.

• NON-COMPLIANT HEIGHT OF EXTERIOR WATERFRONT BAR EXCEEDS 

MAXIMUM HEIGHT ALLOWANCE.

• REQUIRED MINIMUM KNEE AND TOE CLEARANCE NOT PROVIDED AT 

EXTERIOR WATERFRONT BAR.

PORTION OF EXTERIOR WATERFRONT BAR REQUIRED TO BE ACCESSIBLE NOT 

PROVIDED.

ADAAG 226 Dining Surfaces and Work Surfaces

ADAAG 226.1 General.

Where dining surfaces are provided for the consumption of food or drink, at least 5 percent of 

the seating spaces and standing spaces at the dining surfaces shall comply with 902.

ADAAG 902 Dining Surfaces and Work Surfaces

ADAAG 902.1 General.

Dining surfaces and work surfaces shall comply with 902.2 and 902.3.

Advisory 902.1 General.

Dining surfaces include, but are not limited to, bars, tables, lunch counters, and booths.

ADAAG 902.2 Clear Floor or Ground Space.

A clear floor space complying with 305 positioned for a forward approach shall be provided.

Knee and toe clearance complying with 306 shall be provided.

ADAAG 902.3 Height.

The tops of dining surfaces and work surfaces shall be 28 inches (710 mm) minimum and 34 

inches

(865 mm) maximum above the finish floor or ground.

ADAAG 306.2 Toe Clearance.

ADAAG 306.2.3 Minimum Required Depth.

Where toe clearance is required at an element as part of a clear floor space, the toe clearance 

shall extend 17 inches (430 mm) minimum under the element.

ADAAG 306.2.5 Width.

Toe clearance shall be 30 inches (760 mm) wide minimum.

ADAAG 306.3 Knee Clearance.

ADAAG 306.3.3 Minimum Required Depth.

Where knee clearance is required under an element as part of a clear floor space, the knee 

clearance shall be 11 inches deep minimum at 9 inches above the ground, and 8 inches deep 

minimum at 27 inches (685 mm) above the finish floor or ground.

ADAAG 306.3.5 Width.

• Knee clearance shall be 30 inches (760 mm) wide minimum.

• INSULATION OF PIPES AND WATER LINES UNDER THE FIRST OF TWO 

LAVATORIES IN RESTROOM NOT PROVIDED AS REQUIRED.

ADAAG 606 Lavatories and Sinks.

ADAAG 606.5 Exposed Pipes and Surfaces.

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Water supply and drain pipes under lavatories and sinks shall be insulated or otherwise 

configured

to protect against contact. There shall be no sharp or abrasive surfaces under lavatories and 

sinks.

RESTROOMS:

• THE FIRST OF TWO TOILET COMPARTMENTS IN MEN'S RESTROOM IS 

INACCESSIBLE.

• REQUIRED MINIMUM CLEAR WIDTH NOT PROVIDED AT DOOR OF THE 

FIRST OF TWO TOILET COMPARTMENTS IN MEN'S RESTROOM.

ADAAG 604 Water Closets and Toilet Compartments.

ADAAG 604.8 Toilet Compartments.

Wheelchair accessible toilet compartments shall meet the requirements of 604.8.1 and 

604.8.3.

Compartments containing more than one plumbing fixture shall comply with 603.

Ambulatory accessible compartments shall comply with 604.8.2 and 604.8.3.

ADAAG 604.8.1.2 Doors.

Toilet compartment doors, including door hardware, shall comply with 404 except that if the 

approach is to the latch side of the compartment door, clearance between the door side of the 

compartment and any obstruction shall be 42 inches (1065 mm) minimum.

Doors shall be located in the front partition or in the side wall or partition farthest from the 

water closet. Where located in the front partition, the door opening shall be 4 inches (100 

mm) maximum from the side wall or partition farthest from the water closet. Where located 

in the side wall or partition, the door opening shall be 4 inches (100 mm) maximum from the 

front partition. The door shall be self-closing. A door pull complying with 404.2.7 shall be 

placed on both sides of the door near the latch. Toilet compartment doors shall not swing into 

the minimum required compartment area.

ADAAG 404.2.3 Clear Width.

Door openings shall provide a clear width of 32 inches (815 mm) minimum.

Clear openings of doorways with swinging doors shall be measured between the face of the 

door and the stop, with the door open 90 degrees.

• REQUIRED MINIMUM MANEUVERING CLEARANCE NOT PROVIDED AT 

DOOR OF THE FIRST

• OF TWO TOILET COMPARTMENTS IN MEN'S RESTROOM.

ADAAG 604 Water Closets and Toilet Compartments.

ADAAG 604.8 Toilet Compartments.

Wheelchair accessible toilet compartments shall meet the requirements of 604.8.1 and 

604.8.3.

Compartments containing more than one plumbing fixture shall comply with 603.

Ambulatory accessible compartments shall comply with 604.8.2 and 604.8.3.

ADAAG 604.8.1.2 Doors.

Toilet compartment doors, including door hardware, shall comply with 404 except that if the 

approach is to the latch side of the compartment door, clearance between the door side of the 

compartment and any obstruction shall be 42 inches (1065 mm) minimum.

Doors shall be located in the front partition or in the side wall or partition farthest from the 

water closet. Where located in the front partition, the door opening shall be 4 inches (100 

mm) maximum from the side wall or partition farthest from the water closet. Where located 

in the side wall or partition, the door opening shall be 4 inches (100 mm) maximum from the 

front partition. The door shall be self-closing. A door pull complying with 404.2.7 shall be 

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placed on both sides of the door near the latch. Toilet compartment doors shall not swing into 

the minimum required compartment area.

ADAAG 404.2.4 Maneuvering Clearances.

Minimum maneuvering clearances at doors and gates shall comply with 404.2.4.

Maneuvering clearances shall extend the full width of the doorway and the required latch side 

or hinge side clearance.

• REQUIRED MINIMUM SPACE NOT PROVIDED IN THE FIRST OF TWO 

TOILET COMPARTMENTS

IN MEN'S RESTROOM.

ADAAG 604 Water Closets and Toilet Compartments.

ADAAG 604.8 Toilet Compartments.

Wheelchair accessible toilet compartments shall meet the requirements of 604.8.1 and 

604.8.3.

Compartments containing more than one plumbing fixture shall comply with 603. 

Ambulatory accessible compartments shall comply with 604.8.2 and 604.8.3.

ADAAG 604.8.1.1 Size.

Wheelchair accessible compartments shall be 60 inches (1525 mm) wide minimum measured 

perpendicular to the side wall, and 56 inches (1420 mm) deep minimum for wall hung water 

closets and 59 inches (1500 mm) deep minimum for floor mounted water closets measured 

perpendicular mto the rear wall.

• INACCESSIBLE WATER CLOSET IN THE FIRST OF TWO TOILET 

COMPARTMENTS IN MEN'S

• RESTROOM.

REQUIRED MINIMUM CLEARANCE NOT PROVIDED AT WATER CLOSET IN THE 

FIRST OF

TWO TOILET COMPARTMENTS IN MEN'S RESTROOM.

ADAAG 604 Water Closets and Toilet Compartments

ADAAG 604.3 Clearance.

Clearances around water closets and in toilet compartments shall comply with 604.3.

ADAAG 604.3.1 Size.

Clearance around a water closet shall be 60 inches (1525 mm) minimum measured 

perpendicular from the side wall and 56 inches (1420 mm) minimum measured perpendicular 

from the rear wall.

REQUIRED GRAB BARS NOT PROVIDED ON REAR AND SIDE WALLS OF WATER 

CLOSET

IN THE FIRST OF TWO TOILET COMPARTMENTS IN MEN'S RESTROOM.

ADAAG 604 Water Closets and Toilet Compartments

ADAAG 604.5 Grab Bars.

Grab bars for water closets shall comply with 609.

Grab bars shall be provided on the side wall closest to the water closet and on the rear wall.

• NON-COMPLIANT POSITION OF PLUMBING VALVES LOCATED 

DIRECTLY BEHIND TOILET

• SEAT OF WATER CLOSET IN THE FIRST OF TWO TOILET 

COMPARTMENTS IN MEN'S

• RESTROOM.

ADAAG 604 Water Closets and Toilet Compartments.

ADAAG Advisory 604.6 Flush Controls.

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If plumbing valves are located directly behind the toilet seat, flush valves and related 

plumbing can cause injury or imbalance when a person leans back against them. To prevent 

causing injury or imbalance, the plumbing can be located behind walls or to the side of the 

toilet; or if approved by the local authority having jurisdiction, provide a toilet seat lid.

SELF-CLOSING DOOR NOT PROVIDED AS REQUIRED AT THE SECOND OF TWO 

TOILET

COMPARTMENTS IN MEN'S RESTROOM

ADAAG 604 Water Closets and Toilet Compartments.

ADAAG 604.8 Toilet Compartments.

Wheelchair accessible toilet compartments shall meet the requirements of 604.8.1 and 

604.8.3.

Compartments containing more than one plumbing fixture shall comply with 603.

Ambulatory accessible compartments shall comply with 604.8.2 and 604.8.3.

ADAAG 604.8.1.2 Doors.

Toilet compartment doors, including door hardware, shall comply with 404 except that if the 

approach is to the latch side of the compartment door, clearance between the door side of the 

compartment and any obstruction shall be 42 inches (1065 mm) minimum.

Doors shall be located in the front partition or in the side wall or partition farthest from the 

water closet. Where located in the front partition, the door opening shall be 4 inches (100 

mm) maximum from the side wall or partition farthest from the water closet. Where located 

in the side wall or partition, the door opening shall be 4 inches (100 mm) maximum from the 

front partition. The door shall be self-closing. A door pull complying with 404.2.7 shall be 

placed on both sides of the door near the latch. Toilet compartment doors shall not swing into 

the minimum required compartment area.

• NON-COMPLIANT POSITION OF PLUMBING VALVES LOCATED 

DIRECTLY BEHIND TOILET

• SEAT OF WATER CLOSET IN THE SECOND OF TWO TOILET 

COMPARTMENTS IN MEN'S

• RESTROOM.

ADAAG 604 Water Closets and Toilet Compartments.

ADAAG Advisory 604.6 Flush Controls.

If plumbing valves are located directly behind the toilet seat, flush valves and related 

plumbing can cause injury or imbalance when a person leans back against them. To prevent 

causing injury or imbalance, the plumbing can be located behind walls or to the side of the 

toilet; or if approved by the local authority having jurisdiction, provide a toilet seat lid.

• INSULATION OF PIPES AND WATER LINES UNDER THE LAVATORY IN 

THE SECOND OF TWO

• TOILET COMPARTMENTS IN MEN'S RESTROOM NOT PROVIDED AS 

REQUIRED.

ADAAG 606 Lavatories and Sinks.

ADAAG 606.5 Exposed Pipes and Surfaces.

Water supply and drain pipes under lavatories and sinks shall be insulated or otherwise 

configured to protect against contact. There shall be no sharp or abrasive surfaces under 

lavatories and sinks.

16. The above listing is not to be considered all-inclusive of the barriers, conditions or 

violations encountered by Plaintiff and/or which exist at the Subject Property. Plaintiff requires 

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an inspection of the Subject Property in order to determine all of the discriminatory acts violating 

the ADA. 

17. Plaintiff has attempted to gain access to the Subject Property, but because of his 

disability has been denied access to, and has been denied the benefits of services, programs, and 

activities of the Subject Property, and has otherwise been discriminated against and damaged by 

Defendant, because of the physical barriers, dangerous conditions and ADA violations set forth 

above, and expects to be discriminated against in the future, unless and until Defendant is 

compelled to remove the unlawful barriers and conditions and comply with the ADA. 

18. Plaintiff, in his capacity as a tester, will absolutely return to the Subject Property

when Defendant modifies the Subject Property 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

19. The removal of the physical barriers, dangerous conditions and ADA violations 

set forth herein is readily achievable and can be accomplished and carried out without much 

difficulty or expense. 42 U.S.C. § 12182(B)(2)(A)(iv); 42 U.S.C. § 12181(9); 28 C.F.R, § 

36.304.

20. Plaintiff is without adequate remedy at law and is suffering irreparable harm, and 

reasonably anticipates that he will continue to suffer irreparable harm unless and until Defendant 

is required to remove the physical barriers, dangerous conditions and ADA violations that exist 

at the Subject Property, including those set forth herein. 

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

prosecution of this action. The Plaintiff is entitled to have his reasonable attorney’s fees, costs 

and expenses paid by the Defendant, pursuant to 42 U.S.C., §§ 12205 and 12217.

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22. Pursuant to 42 U.S.C. §12188(a), this Court is provided with authority to grant 

injunctive relief to Plaintiff, including an order to alter the Subject Property to make it readily 

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

closing the Subject Property until the requisite modifications are completed.

WHEREFORE, Plaintiff respectfully requests that the Court issue a permanent 

injunction enjoining Defendant from continuing is discriminatory practices, ordering Defendant

to remove the physical barriers to access and alter the Subject Property to make it readily 

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

closing the Subject Property until the barriers are removed and requisite alterations are 

completed, and awarding Plaintiff his reasonable attorney’s fees, expert fees, costs and litigation 

expenses incurred in this action. 

Respectfully submitted,

s/ Glenn R. Goldstein 

Glenn R. Goldstein, Esq. (FBN: 55873) 

Attorney for Plaintiff

Glenn R. Goldstein & Associates, PLLC 

8101 Biscayne Blvd., Ste. 504 

Miami, Florida 33138 

(305) 900-2373 

GGoldstein@G2Legal.net 

s/ Lauren N. Wassenberg 

Lauren N. Wassenberg, Esq. (FBN: 34083) 

Attorney for Plaintiff

Lauren N. Wassenberg & Associates, P.A.

33 SE 4th St., Ste. 100 

Boca Raton, Florida 33432 

(561) 571-0646 

WassenbergL@gmail.com

Case 0:22-cv-62233-WPD Document 1 Entered on FLSD Docket 11/29/2022 Page 13 of 13