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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 

CASE NO.:

GARFIELD SPENCE

Plaintiff,

vs. INJUNCTIVE RELIEF SOUGHT

NEWBON LAND PARTNERS, LTD.

Defendant.

/

 COMPLAINT

Plaintiff, GARFIELD SPENCE (“Plaintiff”), by and through the undersigned counsel, 

hereby files this Complaint and sues NEWBON LAND PARTNERS, LTD. (referred to as 

“Defendant”) a for profit company, for declaratory and injunctive relief, attorneys’ fees, 

expenses and costs (including, but not limited to, court costs and expert fees) pursuant to 42 

U.S.C. § 12182 et. seq., and the 2010 Americans with Disabilities Act (“ADA”) and alleges as 

follows:

JURISDICTION AND VENUE

1. This Court is vested with original jurisdiction over this action pursuant to

28 U.S.C. §§ 1331, 343 for Plaintiff’s claims arising under Title 42 U.S.C. § 12182 et. seq., based on 

Defendant’s violations of Title III of the ADA. See also, 28 U.S.C. §§ 2201, 2202, as well as the 2010 

ADA Standards.

2. Venue is proper in this Court, pursuant to 28 U.S.C. § 1391(B) and Internal 

Operating Procedures for the United States District Court for the Southern District of Florida in 

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that all events giving rise to the lawsuit occurred in Broward County, Florida.

PARTIES

3. Plaintiff, GARFIELD SPENCE is sui juris and is a resident of the State of 

Florida.

4. Upon information and belief, Defendant is the lessee, operator, owner and/or

lessor of the Real Property, which is subject to this suit, and is located at 141 Weston Rd, 

Weston, FL 33326 (“Premises”), and is the owner of the improvements where Premises is

located.

5. Defendant is authorized to conduct, and is in fact conducting, business within the 

state of Florida.

6. Plaintiff is an individual with numerous disabilities and is a double amputee 

which results in absolutely no use of the legs and requires him to use and remain in a wheelchair. 

The above listed disability and symptoms cause sudden onsets of severe pain and substantially 

limit Plaintiff’s major life activities. At the time of Plaintiff’s visit to the Premises in October of

2022 (and prior to instituting this action), Plaintiff suffered from a “qualified disability” under 

the ADA, and required the use of fully accessible parking spaces and fully accessible paths of 

travel throughout the facility. Plaintiff personally visited the Premises, but was denied full and

equal access and full and equal enjoyment of the facilities and amenities within the Premises, 

even though he would be classified as a “bona fide patron”.

7. Plaintiff, in his individual capacity, will absolutely return to the Premises and 

avail himself of the services offered when Defendant modifies the Premises or modifies the 

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policies and practices to accommodate individuals who have physical disabilities.

8. Plaintiff is continuously aware of the violations at Defendant's Premises and is 

aware that it would be a futile gesture to return to the Premises as long as those violations exist, 

and Plaintiff is not willing to suffer additional discrimination.

9. Plaintiff has suffered, and will continue to suffer, direct and indirect injury as a 

result of Defendant's discrimination until Defendant is compelled to comply with the 

requirements of the ADA.

10. Plaintiff would like to be able to be a patron of the Premises in the future and be 

able to enjoy the goods and services that are available to the able-bodied public, but is currently 

precluded from doing so as a result of Defendant's discriminatory conduct as described herein. 

Plaintiff will continue to be precluded from using the Premises until corrective measures are 

taken at the Premises to eliminate the discrimination against persons with physical disabilities.

11. Completely independent of the personal desire to have access to this place of 

public accommodation free of illegal barriers to access, Plaintiff also acts as a “tester” for the 

purpose of discovering, encountering and engaging discrimination against the disabled in public 

accommodations. When acting as a “tester”, Plaintiff employs a routine practice. Plaintiff 

personally visits the public accommodation; engages all of the barriers to access, or at least of 

those that Plaintiff is able to access; tests all of those barriers to access to determine whether and 

the extent to which they are illegal barriers to access; proceeds with legal action to enjoin

such discrimination; and subsequently returns to Premises to verify its compliance or noncompliance with the ADA and to otherwise use the public accommodation as members of the 

able-bodied community are able to do. Independent of other subsequent visits, Plaintiff also 

intends to visit the Premises regularly to verify its compliance or non-compliance with the ADA, 

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and its maintenance of the accessible features of Premises. In this instance, Plaintiff, in 

Plaintiff’s individual capacity and as a “tester”, visited Premises, encountered barriers to access 

at Premises, and 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 ADA 

violations 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.

12. Plaintiff, in his capacity as a tester, will absolutely return to the Premises when 

Defendant modifies the Premises 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.

VIOLATIONS OF THE AMERICANS WITH DISABILITIES ACT

13. Plaintiff adopts and re-alleges the allegations stated in paragraphs 1 through 12 

above as if fully stated herein.

14. On July 26, 1990, Congress enacted the Americans With Disabilities Act 

(“ADA”), 42 U.S.C. § 12101 et. seq. Commercial enterprises were provided one and a half (1.5) 

years from enactment of the statute to implement its requirements. The effective date of Title III 

of the ADA was January 26, 1992, or January 26, 1993 if Defendant(s) have ten (10) or fewer 

employees and gross receipts of $500,000.00 or less. See 42 U.S.C. § 12182; 28 C.F.R. § 

36.508(a).

15. Congress found, among other things, that:

a. some 43,000,000 Americans have one or more physical or mental disabilities, 

and this number shall increase as the population continues to grow older;

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

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disabilities and, despite some improvements, such forms of discrimination 

against disabled individuals continue to be a pervasive social problem, requiring 

serious attention;

c. discrimination against disabled individuals persists in such critical areas as 

employment, housing, public accommodations, transportation, communication, 

recreation, institutionalization, health services, voting and access to public 

services and public facilities;

d. individuals with disabilities continually suffer forms of discrimination, including 

outright intentional exclusion, the discriminatory effects of architectural, 

transportation, and communication barriers, failure to make modifications to 

existing facilities and practices. Exclusionary qualification standards and criteria, 

segregation, and regulation to lesser services, programs, benefits, or other 

opportunities; and,

e. the continuing existence of unfair and unnecessary discrimination and prejudice 

denies people with disabilities the opportunity to compete on an equal basis and 

to pursue those opportunities for which our country is justifiably famous, and 

accosts the United States billions of dollars in unnecessary expenses resulting 

from dependency and non-productivity.

Congress explicitly stated that the purpose of the ADA was to:

f. provide a clear and comprehensive national mandate for elimination of 

discrimination against individuals with disabilities;

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

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against individuals with disabilities; and

h. invoke the sweep of congressional authority, including the power to enforce the 

fourteenth amendment and to regulate commerce, in order to address the major 

areas of discrimination faced on a daily basis by people with disabilities.

U.S.C. § 12101(b)(1)(2) and (4).

17. Pursuant to 42 U.S.C. § 12182(7), 28 C.F.R. § 36.104 and the 2010 ADA

Standards, Defendant’s Premises is a place of public accommodation covered by the ADA by the 

fact it provides services to the general public and must be in compliance therewith.

18. Defendant has discriminated and continues to discriminate against Plaintiff and 

others who are similarly situated, by denying access to, and full and equal enjoyment of goods, 

services, facilities, privileges, advantages and/or accommodations located at the Premises, as 

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

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

19. Plaintiff has visited Premises, and has been denied full and safe equal access to 

the facilities and therefore suffered an injury in fact.

20. Plaintiff would like to return and enjoy the goods and/or services at Premises on 

a spontaneous, full and equal basis. However, Plaintiff is precluded from doing so by the 

Defendant’s failure and refusal to provide disabled persons with full and equal access to its

facilities. Therefore, Plaintiff continues to suffer from discrimination and injury due to the architectural 

barriers that are in violation of the ADA.

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

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

implement the requirements of the ADA. See 28 C.F.R. § 36 and its successor the 2010 ADA 

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Standards ADA Accessibility guidelines (hereinafter referred to as “ADAAG”), 28 C.F.R. § 36, 

under which said Department may obtain civil penalties of up to $55,000.00 for the first violation 

and $110,000.00 for and subsequent violation.

22. Based on a preliminary inspection of the Premises, Defendants are in violation of

42 USC § 12182 et. seq. and the 2010 American Disabilities Act Standards et. seq., and is 

discriminating against Plaintiff as a result of but not limited to, inter alia, the following specific

violations:

i. North of the building containing Unit 101, there are two accessible parking 

spaces that are missing identification signs in violation of section 502.6 of the 

2010 ADAAG standards. This barrier to access would make it difficult for 

Plaintiff to locate an accessible parking space.

ii. North of the building containing Unit 101, where the access aisle meets the 

accessible route, due to a failure to enact a policy of proper grounds 

maintenance, there are broken surfaces that create a vertical rise of 

approximately half an inch as well as foliage growing. As a result, the ground 

surfaces of the accessible route have vertical rises in excess of 1⁄4 (one quarter) 

inch in height, are not stable or slip resistant, have broken or unstable surfaces 

or otherwise fail to comply with Section 302 and 303 of the 2010 ADAAG 

standards. This barrier to access would make it dangerous and difficult for 

Plaintiff to access the units of the Property.

iii. North of the building containing Unit 101, where the access aisle meets the 

accessible route, due to a failure to enact an adequate policy of grounds 

maintenance, there is a tree growing in the accessible route. As a result, there 

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are publicly accessible areas of the Property having accessible routes with clear 

widths below the minimum 36 (thirty-six) inch requirement as required by 

section 403.5.1 of the 2010 ADAAG standards. This barrier to access would 

make it difficult for Plaintiff to access the rest of the units of the Property as 

Plaintiff’s wheelchair would not be able to get past this barrier.

iv. As a result of the barrier to access referenced in (iii), the Property lacks an 

accessible route connecting accessible facilities, accessible elements and/or 

accessible spaces of the Property in violation of section 206.2.2 of the 2010 

ADAAG standards. This barrier to access would make it difficult for Plaintiff 

to access public features of the Property.

v. As a result of the barrier to access referenced in (iii), the Property lacks an 

accessible route from the two accessible parking spaces located to the north of 

the building adjacent to Unit 101 to the accessible entrances of the Property in 

violation of section 208.3.1 of the 2010 ADAAG standards. This barrier to 

access would make it difficult for Plaintiff to access the units of the Property.

vi. North of the building containing Unit 101, due to a failure to enact a policy of 

proper grounds maintenance, there is tree branches growing into the accessible 

route leading from the accessible parking spaces. As a result, there are publicly 

accessible areas of the Property having accessible routes with clear widths 

below the minimum 36 (thirty-six) inch requirement as required by section 

403.5.1 of the 2010 ADAAG standards. This barrier to access would make it 

difficult for Plaintiff to access the rest of the units of the Property as Plaintiff’s 

wheelchair would not be able to get past this barrier.

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vii. North of the building containing Unit 101, along the accessible route leading 

from the parking spaces, due to a failure to maintain the foliage on the Property, 

the branches of the trees and/or landscaping on the accessible route provided a 

vertical clearance that is less than the 80 (eighty) inches required by Section 

307.4 of the 2010 ADAAG standards. This barrier to access would make it 

difficult and dangerous for Plaintiff to traverse the accessible routes of the 

Property. 307.4 Vertical Clearance. Vertical clearance shall be 80 inches (2030 

mm) high minimum. 

viii. In front of Unit 141, the two accessible parking spaces and associated access 

aisle have a running slope in excess of 1:48 in violation of Section 502.4 of the 

2010 ADAAG standards and are not level, specifically the unlevel portions are 

at the front ends of the accessible parking spaces and access aisle. This barrier 

to access would make it dangerous and difficult for Plaintiff to exit and enter 

their vehicle while parked at the Property as Plaintiff’s wheelchair may roll 

down the slope while entering or exiting the vehicle.

ix. In front of Unit 167, the two accessible parking spaces and associated access 

aisle have areas of the surface of the accessible parking spaces with a running 

slope in excess of 1:48 in violation of Section 502.4 of the 2010 ADAAG 

standards and are not level. This barrier to access would make it dangerous and 

difficult for Plaintiff to exit and enter their vehicle while parked at the Property 

as Plaintiff’s wheelchair may roll down the slope while entering or exiting the 

vehicle.

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x. In front of Unit 167, the two accessible parking spaces and associated access 

aisle have areas of the surface of the accessible parking spaces with a cross 

slope in excess of 1:48 in violation of section 502.4 of the 2010 ADAAG 

standards and is not level. This barrier to access would make it dangerous and 

difficult for Plaintiff to enter and exit the vehicle as a level surface is needed so 

the wheelchair does not tip over and injure Plaintiff as excessive cross-slopes 

increases the likelihood of Plaintiff’s wheelchair tipping over on its side and 

injuring Plaintiff.

xi. In front of Unit 167, the walking surfaces of the accessible route leading from 

the accessible parking spaces have cross slopes in excess of 1:48, in violation 

of section 403.3 of the 2010 ADAAG standards. This barrier to access would 

make it dangerous and difficult for Plaintiff to access the units of the Property 

because excessive cross-slope along accessible routes increases the likelihood 

of Plaintiff’s wheelchair tipping over on its side and injuring Plaintiff.

xii. In front of Unit 171, due to a failure to enact a policy of proper grounds and 

foliage maintenance, there is foliage growing in the cracks of the cement of the 

access aisle. As a result, the ground surfaces of the access aisle have vertical 

rises in excess of 1⁄4 (one quarter) inch in height, are not stable or slip resistant, 

have broken or unstable surfaces or otherwise fail to comply with Section 502.4, 

302 and 303 of the 2010 ADAAG standards. This barrier to access would make 

it dangerous and difficult for Plaintiff to access the units of the Property.

xiii. There are no accessible parking spaces on the Property that have a sign 

designating an accessible parking space as “Van Accessible” in violation of 

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section 208.2.4 of the 2010 ADAAG standards and section 502.6 of the 2010 

ADAAG standards. This barrier to access would make it difficult for Plaintiff 

to locate a van accessible parking space. 

xiv. At Suri Sushi Thai, there is a doorway threshold with a vertical rise of an inch 

and a half and does not contain a bevel with a maximum slope of 1:2 in violation 

of section 404.2.5 of the 2010 ADAAG standards. This barrier to access would 

make it dangerous and difficult for Plaintiff to access the interior of the Property 

at this location as the vertical rise at the door threshold could potentially cause 

Plaintiff to tip over when attempting to enter. Moreover, this barrier to access 

is made more difficult by the fact that it is in the doorway and Plaintiff would 

be required to hold the door open with one hand while attempt to the “push” the 

wheel of the wheelchair over the vertical rise.

xv. At Suri Sushi Thai, the maneuvering clearance of this accessible entrance is not 

level (surface slope in excess of 1:48) in violation of Section 404.2.4.4 of the 

2010 ADAAG standards. This barrier to access would make it difficult for 

Plaintiff to access this unit of the Property since it is often necessary for 

individuals in wheelchairs to need to use their hands to both wheel through the 

doorway and keep the door open with another hand. When the maneuvering 

clearance is not level, this ordinarily difficult process is made even more 

difficult by the inappropriately higher slope.

xvi. Asa result of the barrier to access identified in (xiv) and (xv) above, not all 

entrance doors and doorways comply with section 404 of the 2010 ADAAG 

standards, this is a violation of section 206.4 of the 2010 ADAAG 

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standards. This barrier to access would make it difficult for Plaintiff to access 

the units of the Property.

xvii. Defendant fails to adhere to a policy, practice and procedure to ensure that all 

facilities are readily accessible to and usable by disabled individuals.

SURI SUSHI THAI RESTROOMS

i. The lavatories and/or sinks in the restrooms have exposed pipes and surfaces 

and are not insulated or configured to protect against contact in violation of 

section 606.5 of the 2010 ADAAG standards. This barrier to access would make 

it difficult for Plaintiff and/or any disabled individual to safely utilize the sink 

as the pipes underneath the sink typically have sharp surfaces and/or hot pipes, 

and since individuals in wheelchairs use a sink while seated, their legs are 

particularly vulnerable to these threats.

ii. Due to a policy of keeping the trash receptacle under the sink, the restrooms 

have a sink with inadequate knee and toe clearance in violation of section 306 

of the 2010 ADAAG standards. This barrier to access would make it difficult 

for Plaintiff and/or any disabled individual to utilize the restroom sink as 

Plaintiff is seated in a wheelchair and, when seated, Plaintiff’s feet and legs 

protrude out in front. In order to properly utilize a sink, Plaintiff’s legs must be 

able to be underneath the surface of the sink, but due to the improper 

configuration of the sink, there is no room underneath for Plaintiff’s legs and 

feet.

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iii. Due to the placement of a paper towel dispenser within 12” above the rear grab 

bar, there is inadequate space between the grab bar and objects placed above 

the grab bar in violation of section 609.3 of the 2010 ADAAG Standards. This 

barrier to access would make it difficult for Plaintiff to safely transfer from the 

wheelchair to the toilet and back.

iv. The toilet paper dispenser in the accessible toilet is not positioned in seven to 

nine inches in front of the toilet and therefore is in violation of section 604.7 of 

the 2010 ADAAG standards. This barrier to access would make it difficult for 

Plaintiff to utilize the toilet due to the fact the toilet paper dispenser is at an 

improper distance from the toilet, given Plaintiff’s disability, Plaintiff would 

not be able to get up and reach the toilet paper.

23. Due to the placement of a counter or shelf in front of the toilet, there is inadequate

clear floor space for the toilet in violation of section 604.3.2 of the 2010 ADAAG standards. 

This barrier to access would make it difficult for Plaintiff and/or any disabled individual to safely 

utilize the toilet To the best of Plaintiff’s belief and knowledge, Defendant hasfailed to eliminate 

the specific violations set forth in paragraph 22 herein.

24. Although Defendant is charged with having knowledge of the violations, 

Defendant may not have actual knowledge of said violations until this Complaint makes 

Defendant aware of same.

25. To date, the readily achievable barriers and other violations of the ADA still exist 

and have not been remedied or altered in such a way as to effectuate compliance with the 

provisions of the ADA.

26. As the owner, lessor, lessee or operator of the Premises, Defendants are required 

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to comply with the ADA. To the extent the Premises, or portions thereof, existed and were 

occupied prior to January 26, 1992, the owner, lessor, lessee or operator has been under a 

continuing obligation to remove architectural barriers at the Premises where removal was readily 

achievable, as required by 28 C.F.R. §36.402.

27. To the extent the Premises, or portions thereof, were constructed for occupancy 

after January 26, 1993 the owner, lessor, lessee or operator of the Premises was under an 

obligation to design and construct such Premises such that it is readily accessible to and usable 

by individuals with disabilities, as required by 28 C.F.R. §36.401.

28. Plaintiff has retained the undersigned counsel for the filing and prosecution of 

this action. Plaintiff is entitled to have his reasonable attorneys’ fees, costs and expenses paid 

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

29. All of the above violations are readily achievable to modify in order to bring 

Premises or the Facility/Property into compliance with the ADA.

30. In instance(s) where the 2010 ADAAG standard does not apply, the 1991 

ADAAG standard applies and all of the violations listed in paragraph 22 herein can be applied 

to the 1991 ADAAG standards.

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

Plaintiff’s injunctive relief, including an order to alter the subject facility to make them 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 demands judgment against Defendants and requests the 

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following injunctive and declaratory relief:

1. That this Court declares that Premises owned, operated and/or controlled by 

Defendants are in violation of the ADA;

2. That this Court enter an Order requiring Defendants to alter their facilities to 

make them accessible to and usable by individuals with disabilities to the full 

extent required by Title III of the ADA;

3. That this Court enter an Order directing the Defendants to evaluate and neutralize 

their policies, practices and procedures toward persons with disabilities, for such 

reasonable time so as to allow the Defendants to undertake and complete 

corrective procedures to Premises;

4. That this Court award reasonable attorney’s fees, all costs (including, but not 

limited to the court costs and expert fees) and other expenses of suit to the 

Plaintiff; and,

5. That this Court award such other and further relief as it may deem necessary, just 

and proper.

Dated: October 18, 2022

/ s / A l b e r t o R . L e al . 

Alberto R. Leal, Esq., P.A.

Florida Bar No.: 1002345

8927 Hypoluxo Rd. #157

Lake Worth, FL 33467

Phone: 954-637-1868

E-Mail: albertolealesq@gmail.com

Attorney for Plaintiff

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