UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

RUDOLPH BETANCOURT,

 Plaintiff,

vs. 

606 FEDERAL PETROLEUM CORP.

d/b/a MOBIL FOOD MART, 

 Defendants. 

COMPLAINT

Plaintiff, RUDOLPH BETANCOURT (hereinafter “Plaintiff”), by his undersigned, 

hereby files this Complaint and sues Defendants, 606 FEDERAL PETROLEUM CORP d/b/a 

MOBIL FOOD MART (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 & VENUE

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. The subject property is a food mart located on or about 606 N Federal Hwy, Fort 

Lauderdale 33304 (hereinafter “Subject Premises”). 

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

proper in this Court as the premises are located in the Southern District. 

PARTIES

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4. Plaintiff, RUDOLPH BETANCOURT, is currently a resident of Fenwick, 

Michigan in the County of Montcalm, is sui juris, and is a qualified individual under the ADA

and the FACBC.

5. Plaintiff is a double leg amputee who uses prosthetic devices or a wheelchair to 

ambulate, a Marine Corps veteran with several friends, family, and colleagues in South Florida 

including a son who is a minor league baseball athlete in South Florida who he frequently visits. 

Additionally, Plaintiff enjoys the South Florida weather and the multiple sporting events, 

festivals, and events that occur throughout South Florida.

6. Despite the physical limitations to which he is subjected as a result of his 

disability, Plaintiff continues to lead a full life, frequently travels, dines out, and is also an 

actively social and independent individual.

7. Defendant, 606 FEDERAL PETROLEUM CORP, is a corporation which is 

authorized to and does transact business in the State of Florida and within this judicial district.

8. Pursuant to the Miami-Dade Property Appraiser’s Office, Defendant, 606 

FEDERAL PETROLEUM CORP, is the owner and/or operator/manager of the real property 

located on or 606 N Federal Hwy, Fort Lauderdale 33304 (hereinafter the “Subject Premises”). 

This is the building where the Subject Premises is located.

9. According to the Florida Department of Business and Professional Regulation, the 

Defendant, 606 FEDERAL PETROLEUM CORP, occupies 606 N Federal Hwy, Fort 

Lauderdale 33304 as a food mart known as “MOBIL FOOD MART”.

10. The Subject Premises is owned and/or operated by the Defendants and is a public 

accommodation required by law to comply with the ADA and ADAAG.

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FACTUAL ALLEGATIONS AND CLAIM

11. Plaintiff visited the Subject Premises on or about November 3, 2022 and accessed 

to the extent possible, or attempted to access the Subject Premises and specific areas of the 

Subject Premises as described herein.

12. While visiting the Subject Premises, Plaintiff personally encountered or observed

several barriers to access in violation of the ADA and ADAAG as detailed further herein at 

Paragraph 16. As a result, Plaintiff has been denied access to the Subject Premises and full and 

equal enjoyment of the goods and services offered therein because of his disability and will 

continue to be denied such access as a result of those barriers.

13. Said barriers to access at the Subject Premises endanger the safety of Plaintiff and 

all other individuals with disabilities, deny Plaintiff and others with disabilities equal access to

the Subject Premises as to that of able-bodied persons, and causes social embarrassment due to 

the difficulties encountering such barriers to access—a social embarrassment that would not 

occur if the Subject Premises was in compliance with the ADA and ADAAG.

14. In encountering the barriers to access at the Subject Premises, and suffering the 

resulting discrimination, endangerment, and embarrassment—the Plaintiff sustained a lawful 

injury-in-fact pursuant to the ADA.

15. Pursuant to the mandates of 42 U.S.C. §12134(a), on September 15, 2010, the 

Department of Justice, Office of the Attorney General, published revised regulations for Title III 

of the Americans with Disabilities Act of 1990 in the Federal Register to implement the 

requirements of the ADA. Public accommodations were required to conform to these regulations 

on or before March 15, 2012.1

1

 “Safe Harbor. Elements that have not been altered in existing facilities on or after March 15, 2012, and that comply 

with the corresponding technical and scoping specification for those elements in the 1991 Standards are not required 

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16. 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 Facility and/or full and equal enjoyment of the goods, services, facilities, 

privileges, advantages and/or accommodations of the Facility include: 

Accessible Parking

a) The accessible parking space and access aisle serving it have vertical changes in 

level that exceed the maximum requirement of 1⁄4 inch making it difficult for the 

plaintiff to traverse, in violation of sections 502.4 and 303.2 of the 2010 ADA 

Standards, whose resolution is readily achievable. 

b) The accessible parking space and access aisle serving it have markings and 

striping’s that are dilapidated and in need of maintenance, in violation of section 

502.3.3 of the 2010 ADA Standards, whose resolution is readily achievable. 

Accessible Routes

c) The facility does not provide a compliant accessible route within site from the 

accessible parking spaces to the facility entrances they serve making it difficult 

for the plaintiff to traverse, violating sections 206.1 and 206.2.1 of the 2010 ADA 

Standards, whose resolution is readily achievable.

d) The ramp on the accessible route from the accessible parking space to the main 

entrance has a vertical change in level of 1⁄4 inch making it difficult for the 

plaintiff to traverse, in violation of sections 303.2 and 405.4 of the 2010 ADA 

Standards, whose resolution is readily achievable. 

e) The storage for the propane is obstructing the 32 inches of clear width on the 

accessible route to the restroom making it difficult for the plaintiff to traverse, in 

violation of section 403.5.1 of the 2010 ADA Standards, whose resolution is 

readily achievable.

Main Entrance

f) The main entrance door is missing identification signage with the international 

symbol of accessibility (ISA) as required making it difficult for the plaintiff to 

identify the accessible entrance, in violation of sections 216.6 and 703.7.2.1 of the 

2010 ADA Standards, whose resolution is readily achievable. 

g) The exterior and interior floor mats are not secured to the floor as required 

making it difficult for the plaintiff to enter and exit the gas station, in violation of 

section 302.2 of the 2010 ADA Standards, whose resolution is readily achievable. 

h) The pull door with hinge approach does not provide the compling perpendicular 

maneuvering clearance as required making it difficult for the plaintiff to utilize, in 

to be modified in order to comply with the requirements set forth in the 2010 Standards” 28 CFR §36.304(d)(2)(i), 

however, the violations described herein violate both the 1991 Standards as well as the 2010 Standards.

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violation of section 404.2.4.1 of the 2010 ADA Standards, whose resolution is 

readily achievable.

Public Restroom

i) The restroom is missing signage in the compliant location on the wall with the 

international symbol of accessibility (ISA) and braille making it difficult for the 

plaintiff to identify, in violation of sections 216.8, 703.3, 703.4.1, and 703.7.2.1 

of the 2010 ADA Standards, whose resolution is readily achievable. 

j) The flush control is located on the wrong side of the water closet making it 

difficult for the plaintiff to operate, in violation of section 604.6 of the 2010 ADA 

Standards, whose resolution is readily achievable.

k) The toilet’s rear wall grab bar does not extend 12 inches minimum on the closed 

side of the toilet measured from the centerline and 24 inches minimum on the 

open side of the toilet measured from the centerline making it difficult for the 

plaintiff to utilize, in violation of section 604.5.2 of the 2010 ADA Standards, 

whose resolution is readily achievable. 

l) The toilet’s side wall grab does not extend 54 inches from the rear wall as 

required making it difficult for the plaintiff to transfer to and from the toilet seat, 

in violation of section 604.5.1 of the 2010 ADA Standards, whose resolution is 

readily achievable.

m) The lavatory does not provide knee and toe clearance due to the obstruction of the 

cabinets making it difficult for the plaintiff to utilize, in violation of sections 

606.2, 306.2, and 306.3 of the 2010 ADA Standards, whose resolution is readily 

achievable.

n) The water closet does not provide the minimum requirement of 60 inches of 

perpendicular clearance measured from the side wall and the minimum 

requirement of 56 inches of perpendicular clearance measured from the rear wall 

as required making it difficult for the plaintiff to utilize, in violation of section 

604.3.1 of the 2010 ADA Standards, whose resolution is readily achievable.

o) The restroom does not provide 60 inches of turning space making it difficult for 

the plaintiff to utilize the elements and facilities inside, in violation of sections 

304.3 and 603.2.1 pf the 2010 ADA Standards, whose resolution is readily 

achievable.

p) The toilet paper dispenser is not in the compliant location 7 inches minimum and 

9 inches maximum from the centerline of the dispenser to the front rim of the 

toilet making it difficult for the plaintiff to utilize, in violation of section 604.7 of 

the 2010 ADA Standards, whose resolution is readily achievable. 

q) The drain creates a vertical change in level that exceeds the maximum 

requirement of 1⁄4 inch making it difficult for the plaintiff to utilize the restroom, 

in violation of section 303.2 of the 2010 ADA Standards, whose resolution is 

readily achievable.

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17. 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 Facility. Plaintiff requires an 

inspection of the Facility in order to photograph, measure and determine all of the discriminatory

acts violating the ADA. 

18. 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 pursuant to 42 U.S.C. § 12182(B)(2)(A)(iv); 42 U.S.C. § 12181(9); and 28 

C.F.R, § 36.304. 

19. The ADA defines “readily achievable as “easily accomplishable and

without much difficult or expenses.”42 U.S.C. §12181(9) Congress included in the ADA factors 

to be considered in evaluating whether removal of a barrier is “readily achievable.” These factors 

are (1) nature and cost of the action; (2) overall financial resources of the facility or facilities

involved; (3) number of persons employed at such facility; (4) effect on expenses and resources; 

(5) impact of such action upon the operation of the facility; (6) overall financial resources of the 

covered entity; (7) overall size of the business of a covered entity; (8) the number, type, and 

location of its facilities; (9) type of operation or operations of the covered entity, including 

composition, structure, and functions of the workforce of such entity, and (10)geographic 

separateness, administrative or fiscal relationship of the facility or facilities in question to the 

covered entity. Garthright-Dietrich v. Atlanta Landmarks, Inc., 452 F. 3d 1269, 1272-73 (11th 

Cir. 2006). 

The obligation to engage in readily achievable barrier removal is a continuing one. Over 

time, barrier removal that initially was not readily achievable may later be required because of 

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changed circumstances. DOJ ADA Title III Technical Assistance Manual, Section III-4.4400 

Continuing obligation. 

20. Because, inter alia, this facility was designed, constructed, and received its State 

Licensure on 3/18/1996, Plaintiff asserts that said ADA violations are intentional in nature and 

will not be corrected absent Court intervention, thus exacerbating the intentional legal harm and

injury to which Plaintiff has been and will continue to be subjected in the future.

21. Plaintiff will undoubtedly return to the Subject Premises once the barriers to 

access have been remediated—not only to avail himself of the goods and services available at the 

Subject Premises, but to confirm and assure himself that the Subject Premises has been brought 

into compliance with the ADA and maintained in compliance with the ADA so that Plaintiff and 

other persons with disabilities will have equal access to the Subject Premises without fear of 

discrimination, endangerment of their safety, or social and public embarrassment.

22. Independent of his personal desire to access this place of public accommodation

as required by law, Plaintiff is an advocate of the rights of similarly situated persons with 

disabilities and an advocate for asserting his own civil rights. However, Plaintiff is deterred

from returning to the Subject Premises as long as the Defendants continue to operate the Subject 

Premises in violation of the ADA and ADAAG.

23. Plaintiff has a realistic, credible, and continuing threat of discrimination by the

Defendants as long as the Subject Premises remains in non-compliance with the ADA.

24. 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 Facility, 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) 

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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 Facility, including 

those specifically set forth herein, and make the Facility accessible to and usable by persons with 

disabilities, including Plaintiff.

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

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

herein.

26. 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 Facility, including those set forth herein. 

27. 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.

28. 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 Facility to make it readily 

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

closing the subject Facility 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 Facility to make it 

readily accessible to and useable by individuals with disabilities to the extent required by the 

ADA, closing the subject Facility until the barriers are removed and requisite alterations are 

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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.

1825 NW Corporate Blvd., Ste. 110 

Boca Raton, FL 33431 

(561) 571-0646 

WassenbergL@gmail.com

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