ORLANDO – A disabled Broward County woman alleges barriers at a Naples property caused her humiliation and frustration.
Patricia Kennedy filed a complaint on May 2 in the U.S. District Court for the Middle District of Florida against Reg8 Berkshire Commons LLC alleging that the property operator allegedly violated the Americans with Disabilities Act.
According to the complaint, the plaintiff alleges that she was denied access to full and equal enjoyment of the goods, service and accommodations offered at the property. As a result, she claims she suffered irreparable harm and injury. The plaintiff holds Reg8 Berkshire Commons LLC responsible because the defendant allegedly failed to adhere to a policy to ensure that goods, services and facilities are readily accessible to and usable by disabled, failed to provide sufficient parking spaces and access aisles and failed to provide compliant restrooms.
The plaintiff requests a trial by jury and seeks declaration that defendant violated the provisions of ADA, an order to make all readily achievable alterations to the property, an order to make reasonable modifications necessary to accommodate individuals with disability, attorney's fees and costs and such other relief as the court may deem just and proper. She is represented by Andrew C. Enfield and Thomas B. Bacon of Thomas B. Bacon PA in Mount Dora.
U.S. District Court for the Middle District of Florida Case number 2:16-cv-00325