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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MICHAEL JOSEPH,

Plaintiff,

vs. 

3140 GRAND, LLC and CODE RED 

HOSPITALITY LLC d/b/a CHUGS, 

Defendants.

COMPLAINT

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

hereby files this Complaint and sues Defendants 3140 GRAND, LLC and CODE RED 

HOSPITALITY LLC d/b/a CHUGS (hereinafter “Defendants”), 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 Defendants’

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

2. Defendants’ 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 3444 

Main Hwy Suite 21, Miami, FL 33133 (“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, 

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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 

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, 3140 GRAND, 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 

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operator of the property, which is the subject of this action, located on or about 3444 Main Hwy 

Suite 21, Miami, FL 33133 (“Subject Property”).

6. Defendant, CODE RED HOSPITALITY LLC transacts business in the State of 

Florida and within this judicial district. Defendant is the owner and/or operator of the restaurant

known as CHUGS, which is the subject of this action, located on or about 3444 Main Hwy Suite 

21, Miami, FL 33133 (“Subject Property”). 

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

8. The Defendants’ 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 

Defendants’ 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 

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

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. Defendants have 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 Defendants are 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. Defendants have 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, 

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

include: 

Exterior Dining Area:

1. Inaccessible dining tables located at exterior dining area.

2. Required minimum toe clearance not provided at dining tables located at exterior 

dining area. 

3. A minimum percentage of existing dining tables required to be accessible not provided 

at exterior 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.

4. Inaccessible exterior window service counter.

5. Non-compliant height of exterior window service counter exceeds maximum height

allowance.

ADAAG227 Sales and Service ADAAG 227.1 General. 

Where provided, check-out aisles, sales counters, service counters, food service

lines, queues, and waiting lines shall comply with 227 and 904. 

ADAAG 904.4 Sales and Service Counters.

Sales counters and service counters shall comply with 904.4.1 or 904.4.2.

The accessible portion of the counter top shall extend the same depth as the sales

or service counter top. 

ADAAG 904.4.1 Parallel Approach.

A portion of the counter surface that is 36 inches (915 mm) long minimum

and 36 inches (915 mm) high maximum above the finish floor shall be provided.

A clear floor or ground space complying with 305 shall be positioned for a 

parallel approach adjacent to the 36 inch (915 mm) minimum length of counter. 

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Interior Dining Area:

6. Inaccessible dining tables located at interior dining area.

7. A minimum percentage of existing dining tables required to be accessible not provided 

at interior dining area. 

8. Required minimum toe clearance not provided at dining tables located at interior 

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.

9. Required minimum clear floor space allowing a forward approach not provided at 

dining booth tables located at interior 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 902.2 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 305.3 Size.

The clear floor or ground space shall be 30 inches (760 mm) minimum by 48 

inches (1220 mm) minimum

10. Inaccessible dining counter located at interior dining area. Portion of dining counter 

required to be accessible not provided. 

11. Non-compliant height of dining counter located at interior dining area exceeds 

maximum height allowance.

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.

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Advisory 902.1 General.

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

booths.

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. 

12. Required minimum toe clearance not provided at dining counter located at interior 

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.

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 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.

Restrooms:

13. Compliant signage identifying the men's restroom not provided as required.

ADAAG 216 Signs ADAAG 216.1 General.

Signs shall be provided in accordance with 216 and shall comply with 703.

ADAAG 216.2 Designations.

Interior and exterior signs identifying permanent rooms and spaces shall comply 

with 703.1, 703.2, and 703.5. Where pictograms are provided as designations of 

permanent interior rooms and spaces, the pictograms shall comply with 703.6 and 

shall have text descriptors complying with 

703.2 and 703.5.

Advisory 216.2 Designations.

Section 216.2 applies to signs that provide designations, labels, or names for 

interior rooms or spaces where the sign is not likely to change over time.

Examples include interior signs labeling restrooms, room and floor numbers or 

letters, and room names. Tactile text descriptors are required for pictograms that 

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are provided to label or identify a permanent room or space.

Pictograms that provide information about a room or space, such as “no

smoking,” occupant logos, and the International Symbol of Accessibility, are not 

required to have text descriptors.

ADAAG 703.1 General.

Signs shall comply with 703. Where both visual and tactile characters are

required, either one sign with both visual and tactile characters, or two separate 

signs, one with visual, and one with tactile characters, shall be provided.

ADAAG 703.4.1 Height Above Finish Floor or Ground.

Tactile characters on signs shall be located 48 inches (1220 mm) minimum above

the finish floor or ground surface, measured from the baseline of the lowest tactile 

character and 60 inches (1525 mm) maximum above the finish floor or ground 

surface, measured from the baseline of the highest tactile character.

ADAAG 703.4.2 Location.

Where a tactile sign is provided at a door, the sign shall be located alongside the 

door at the latch side. Where a tactile sign is provided at double doors with one

active leaf, the sign shall be located on the inactive leaf. Where a tactile sign is 

provided at double doors with two active leafs, the sign shall be located to the

right of the right hand door. Where there is no wall space at the latch side of a 

single door or at the right side of double doors, signs shall be located on the 

nearest adjacent wall. Signs containing tactile characters shall be located so that a 

clear floor space of 18 inches (455 mm) minimum by 18 inches (455 mm) 

minimum, centered on the tactile characters, is provided beyond the arc of any 

door swing between the closed position and 45 degree open position.

14. Required minimum maneuvering clearance not provided at door of toilet compartment 

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 selfclosing. 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 

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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.

15. Non-compliant door swing of door of toilet compartment in men's restroom.

16. Door of toilet compartment swings into the floor space of fixtures in men's restroom.

ADAAG 603 Toilet and Bathing Rooms ADAAG 603.1 General.

Toilet and bathing rooms shall comply with 603.

ADAAG 603.2.3 Door Swing.

Doors shall not swing into the clear floor space or clearance required for any

fixture.

17. Inaccessible paper towel dispenser located in toilet compartment in men's restroom.

18. Non-compliant mounted height of paper towel dispenser located in toilet compartment 

in men's restroom exceeds maximum height allowance.

ADAAG Advisory 606.1 General.

If soap and towel dispensers are provided, they must be located within the reach

ranges specified In 308. Locate soap and towel dispensers so that they are 

conveniently usable by a person at the accessible lavatory.

ADAAG 308.2 Forward Reach. ADAAG 308.2.1 Unobstructed.

Where a forward reach is unobstructed, the high forward reach shall be 48 inches 

maximum and the low forward reach shall be 15 inches minimum above the finish 

floor or ground.

ADAAG 308.2.2 Obstructed High Reach.

Where a high forward reach is over an obstruction, the clear floor space shall 

extend beneath the element for a distance not less than the required reach depth 

over the obstruction. The high forward reach shall be 48 inches maximum where 

the reach depth is 20 inches maximum. Where the reach depth exceeds 20 inches, 

the high forward reach shall be 44 inches maximum and the reach depth shall be 

25 inches maximum.

ADAAG 308.3 Side Reach. ADAAG 308.3.1 Unobstructed.

Where a clear floor or ground space allows a parallel approach to an element and 

the side reach is unobstructed, the high side reach shall be 48 inches maximum 

and the low side reach shall be

15 inches minimum above the finish floor or ground.

ADAAG 308.3.2 Obstructed High Reach.

Where a clear floor or ground space allows a parallel approach to an element and 

the high side reach is over an obstruction, the height of the obstruction shall be 34 

inches maximum and the depth of the obstruction shall be 24 inches maximum.

The high side reach shall be 48 inches maximum for a reach depth of 10 inches 

maximum. Where the reach depth exceeds 10 inches, the high side reach shall be 

46 inches maximum for a reach depth of 24 inches maximum.

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19. Non-compliant position of plumbing valves located directly behind toilet seat of water 

closet in toilet compartment 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.

20. Compliant signage identifying the women's restroom not provided as required.

ADAAG 216 Signs ADAAG 216.1 General.

Signs shall be provided in accordance with 216 and shall comply with 703.

ADAAG 216.2 Designations.

Interior and exterior signs identifying permanent rooms and spaces shall comply

with 703.1, 703.2, and 703.5. Where pictograms are provided as designations of 

permanent interior rooms and spaces, the pictograms shall comply with 703.6 and 

shall have text descriptors complying with

703.2 and 703.5.

Advisory 216.2 Designations.

Section 216.2 applies to signs that provide designations, labels, or names for 

interior rooms or spaces where the sign is not likely to change over time.

Examples include interior signs labeling restrooms, room and floor numbers or 

letters, and room names. Tactile text descriptors are required for pictograms that 

are provided to label or identify a permanent room or space.

Pictograms that provide information about a room or space, such as “no

smoking,” occupant logos, and the International Symbol of Accessibility, are not 

required to have text descriptors.

ADAAG 703.1 General.

Signs shall comply with 703. Where both visual and tactile characters are

required, either one sign with both visual and tactile characters, or two separate 

signs, one with visual, and one with tactile characters, shall be provided.

ADAAG 703.4.1 Height Above Finish Floor or Ground.

Tactile characters on signs shall be located 48 inches (1220 mm) minimum above

the finish floor or ground surface, measured from the baseline of the lowest tactile 

character and 60 inches (1525 mm) maximum above the finish floor or ground 

surface, measured from the baseline of the highest tactile character.

ADAAG 703.4.2 Location.

Where a tactile sign is provided at a door, the sign shall be located alongside the 

door at the latch side. Where a tactile sign is provided at double doors with one 

active leaf, the sign shall be located on the inactive leaf. Where a tactile sign is 

provided at double doors with two active leafs, the sign shall be located to the

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right of the right hand door. Where there is no wall space at the latch side of a 

single door or at the right side of double doors, signs shall be located on the 

nearest adjacent wall. Signs containing tactile characters shall be located so that a 

clear floor space of 18 inches (455 mm) minimum by 18 inches (455 mm) 

minimum, centered on the tactile characters, is provided beyond the arc of any 

door swing between the closed position and 45 degree open position.

21. The first of two toilet compartments in women's restroom is inaccessible.

22. Required minimum clear width not provided at door of the first of two toilet 

compartments in women'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 selfclosing. 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.

23. Required minimum maneuvering clearance not provided at door of the first of two 

toilet compartments in women'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

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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 selfclosing. 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 404.2.4 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.

24. Non-compliant door swing of door of the first of two toilet compartments in women's 

restroom.

25. Door of the first of two toilet compartments in women's restroom swings into the 

compartment.

ADAAG 604 Water Closets and Toilet Compartments.

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.

26. Required minimum space not provided in the first of two toilet compartments in 

women'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 

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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 to the rear wall.

27. Inaccessible water closet in the first of two toilet compartments in women's restroom.

28. Required minimum clearance not provided at water closet in the first of two toilet 

compartments in women's in 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.

29. Required grab bars not provided on rear and side walls of water closet in the first of 

two toilet compartments in women'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.

30. Non-compliant position of plumbing valves located directly behind toilet seat of water 

closet in the first of two toilet compartments in women'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.

31. Non-compliant position of plumbing valves located directly behind toilet seat of

water closet in the second of two toilet compartments in women'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.

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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 

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

Defendants, 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 Defendants are

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 Defendants modify 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 

Defendants are required to remove the physical barriers, dangerous conditions and ADA 

violations that exist at the Subject Property, including those set forth herein. 

Case 1:22-cv-24018-XXXX Document 1 Entered on FLSD Docket 12/12/2022 Page 14 of 15
Page 15 of 15

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 Defendants, pursuant to 42 U.S.C., §§ 12205 and 12217. 

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 Defendants from continuing is discriminatory practices, ordering 

Defendants 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 1:22-cv-24018-XXXX Document 1 Entered on FLSD Docket 12/12/2022 Page 15 of 15