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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MICHAEL JOSEPH,

Plaintiff,

vs. 

SUMMIT PROPERTIES PARTNERSHIP, L.P. 

a/k/a CAMDEN SUMMIT PARTNERSHIP, L.P. 

and BAIRES BRICKELL, LLC 

d/b/a BAIRES GRILL, 

Defendants.

COMPLAINT

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

hereby files this Complaint and sues Defendants SUMMIT PROPERTIES PARTNERSHIP, L.P. 

a/k/a CAMDEN SUMMIT PARTNERSHIP, L.P. and BAIRES BRICKELL, LLC d/b/a 

BAIRES GRILL (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 1010 

S. Miami Avenue, Miami FL 33130 (“Subject Property”).

PARTIES

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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 a spinal 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 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.

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5. Defendant, SUMMIT PROPERTIES PARTNERSHIP, L.P. 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 1010 S. Miami Avenue, Miami FL 33130 (“Subject Property”).

6. Defendant, BAIRES BRICKELL, 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 BAIRES GRILL, which is the subject of this action, located on or about 1010 S. Miami 

Avenue, Miami FL 33130 (“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

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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, 

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, 

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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: 

DINING AREAS:

• INACCESSIBLE DINING TABLES LOCATED AT EXTERIOR DINING AREA.

• A MINIMUM PERCENTAGE OF EXISTING DINING TABLES REQUIRED TO 

BE ACCESSIBLE NOT PROVIDED AT EXTERIOR DINING AREA.

• REQUIRED MINIMUM KNEE AND TOE CLEARANCE NOT PROVIDED AT 

DINING TABLES LOCATED 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.

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.

• NON-COMPLIANT HEIGHT OF DINING TABLES LOCATED AT EXTERIOR 

DINING AREA EXCEED 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 902.3 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.

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• INACCESSIBLE DINING COUNTER LOCATED AT EXTERIOR DINING 

AREA.

• NON-COMPLIANT HEIGHT OF DINING COUNTER LOCATED AT EXTERIOR 

DINING AREA EXCEEDS MAXIMUM HEIGHT ALLOWANCE.

• REQUIRED MINIMUM KNEE AND TOE CLEARANCE NOT PROVIDED AT 

DINING COUNTER LOCATED AT EXTERIOR DINING AREA.

• PORTION OF 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.

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 DINING TABLES LOCATED AT INTERIOR DINING AREA.

• A MINIMUM PERCENTAGE OF EXISTING DINING TABLES REQUIRED TO 

BE ACCESSIBLE NOT PROVIDED AT INTERIOR DINING AREA.

• REQUIRED MINIMUM KNEE AND 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.

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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.

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.

• 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.

• INACCESSIBLE BAR.

• PORTION OF BAR REQUIRED TO BE ACCESSIBLE NOT PROVIDED.

• NON-COMPLIANT HEIGHT OF BAR EXCEEDS MAXIMUM HEIGHT 

ALLOWANCE.

• REQUIRED MINIMUM KNEE AND TOE CLEARANCE NOT PROVIDED AT 

BAR.

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.

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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 DINING TABLES LOCATED AT BARSIDE DINING AREA.

• MINIMUM PERCENTAGE OF EXISTING DINING TABLES REQUIRED TO BE 

ACCESSIBLE NOT PROVIDED AT BARSIDE DINING AREA.

• NON-COMPLIANT HEIGHT OF DINING TABLES LOCATED AT BARSIDE 

DINING AREA EXCEEDS MAXIMUM HEIGHT ALLOWANCE.

• REQUIRED MINIMUM KNEE AND TOE CLEARANCE NOT PROVIDED AT 

DINING TABLES LOCATED AT BARSIDE 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 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.

RESTROOMS:

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• INACCESSIBLE MIRROR IN MEN'S RESTROOM.

• NON-COMPLIANT MOUNTED HEIGHT OF MIRROR IN MEN'S RESTROOM 

EXCEEDS MAXIMUM HEIGHT ALLOWANCE.

ADAAG 603.3 Mirrors.

Mirrors located above lavatories or countertops shall be installed with the bottom edge

of the reflecting surface 40 inches (1015 mm) maximum above the finish floor or ground.

Mirrors not located above lavatories or countertops shall be installed with the bottom edge of 

the reflecting surface 35 inches (890 mm) maximum above the finish floor or ground.

• INACCESSIBLE PAPER TOWEL DISPENSER IN MEN'S RESTROOM.

• NON-COMPLIANT MOUNTED HEIGHT OF PAPER TOWEL DISPENSER 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.

• SELF-CLOSING DOOR NOT PROVIDED AS REQUIRED AT TOILET 

COMPARTMENT IN MEN'S RESTROOM.

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 

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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.

• THE FIRST OF TWO LAVATORIES IN LAVATORY AREA IN WOMEN'S 

RESTROOM IS INACCESSIBLE.

• NON-COMPLIANT HEIGHT OF THE FIRST OF TWO LAVATORIES IN 

LAVATORY AREA IN WOMEN'S RESTROOM EXCEEDS MAXIMUM 

HEIGHT ALLOWANCE.

ADAAG 606 Lavatories and Sinks.

ADAAG 606.1 General.

Lavatories and sinks shall comply with 606.

ADAAG 606.3 Height.

Lavatories and sinks shall be installed with the front of the higher of the rim or counter 

surface 34 inches (865 mm) maximum above the finish floor or ground.

• THE SECOND OF TWO LAVATORIES IN LAVATORY AREA IN WOMEN'S 

RESTROOM IS INACCESSIBLE.

• NON-COMPLIANT HEIGHT OF THE SECOND OF TWO LAVATORIES IN 

LAVATORY AREA IN WOMEN'S RESTROOM EXCEEDS MAXIMUM 

HEIGHT ALLOWANCE.

ADAAG 606 Lavatories and Sinks.

ADAAG 606.1 General.

Lavatories and sinks shall comply with 606.

ADAAG 606.3 Height.

Lavatories and sinks shall be installed with the front of the higher of the rim or counter 

surface 34 inches (865 mm) maximum above the finish floor or ground.

• INACCESSIBLE PAPER TOWEL DISPENSER IN WOMEN'S RESTROOM.

• NON-COMPLIANT MOUNTED HEIGHT OF PAPER TOWEL DISPENSER IN 

WOMEN'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.

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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.

• THE FIRST OF TWO MIRRORS IN WOMEN'S RESTROOM IS INACCESSIBLE.

• NON-COMPLIANT MOUNTED HEIGHT OF THE FIRST OF TWO MIRRORS IN 

WOMEN'S RESTROOM EXCEEDS MAXIMUM HEIGHT ALLOWANCE.

ADAAG 603.3 Mirrors.

Mirrors located above lavatories or countertops shall be installed with the bottom edge

of the reflecting surface 40 inches (1015 mm) maximum above the finish floor or ground.

Mirrors not located above lavatories or countertops shall be installed with the bottom edge of 

the reflecting surface 35 inches (890 mm) maximum above the finish floor or ground.

• THE SECOND OF TWO MIRRORS IN WOMEN'S RESTROOM IS 

INACCESSIBLE.

• NON-COMPLIANT MOUNTED HEIGHT OF THE SECOND OF TWO MIRRORS 

IN WOMEN'S RESTROOM EXCEEDS MAXIMUM HEIGHT ALLOWANCE.

ADAAG 603.3 Mirrors.

Mirrors located above lavatories or countertops shall be installed with the bottom edge

of the reflecting surface 40 inches (1015 mm) maximum above the finish floor or ground.

Mirrors not located above lavatories or countertops shall be installed with the bottom edge of 

the reflecting surface 35 inches (890 mm) maximum above the finish floor or ground.

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

INACCESSIBLE.

• 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 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 404.2.3 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 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 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 404.2.4 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.

• NON-COMPLIANT DOOR SWING OF DOOR OF THE FIRST OF TWO TOILET 

COMPARTMENTS IN WOMEN'S RESTROOM.

• 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.

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• SELF-CLOSING DOOR NOT PROVIDED AS REQUIRED AT THE FIRST OF 

TWO TOILET COMPARTMENTS IN WOMEN'S RESTROOM.

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.

• 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 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.

• REQUIRED MINIMUM CLEARANCE NOT PROVIDED AT WATER CLOSET 

IN THE FIRST OF TWO TOILET COMPARTMENTS IN WOMEN'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 AT 

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.

• INACCESSIBLE COAT HOOK IN THE FIRST OF TWO TOILET 

COMPARTMENTS IN WOMEN'S RESTROOM.

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• NON-COMPLIANT HEIGHT OF COAT HOOK IN THE FIRST OF TWO TOILET 

COMPARTMENTS IN WOMEN'S RESTROOM EXCEEDS MAXIMUM HEIGHT 

ALLOWANCE.

ADAAG 604 Water Closets and Toilet Compartments.

ADAAG 604.8.3 Coat Hooks and Shelves.

Coat hooks shall be located within one of the reach ranges specified in 308.

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.

• INACCESSIBLE WATER CLOSET IN THE SECOND OF TWO TOILET 

COMPARTMENTS IN WOMEN'S RESTROOM.

• REQUIRED MINIMUM CLEARANCE NOT PROVIDED AT WATER CLOSET 

IN THE SECOND OF TWO TOILET COMPARTMENTS IN WOMEN'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.

• INACCESSIBLE PAPER TOWEL DISPENSER IN THE SECOND OF TWO 

TOILET COMPARTMENTS IN WOMEN'S RESTROOM.

• NON-COMPLIANT MOUNTED HEIGHT OF PAPER TOWEL DISPENSER IN 

THE SECOND OF TWO TOILET COMPARTMENTS IN WOMEN'S RESTROOM 

EXCEEDS MAXIMUM HEIGHT ALLOWANCE.

ADAAG Advisory 606.1 General.

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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.

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. 

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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. 

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 

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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

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