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FLORIDA RECORD

Friday, March 29, 2024

Woman alleges Over Easy Cafe is still not ADA compliant

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FORT MYERS – An individual with disability claims a Sanibel restaurant has barriers that restricted her ability to enjoy all the goods and services offered there.

Kimberly V. Rankine filed a complaint on May 2 in the U.S. District Court for the Middle District of Florida, Fort Myers Division against R.L.R Investments LLC and Yellow Dogz LLC, doing business as Over Easy Cafe, citing failure to uphold Americans with Disabilities Act regulations.

According to the complaint, the plaintiff alleges that on or about May 17, 2015, she revisited the defendants' property and during that visit, she encountered barriers to access at the property’s facility she previously encountered at her last visit. The plaintiff holds R.L.R Investments LLC and Yellow Dogz LLC responsible because the defendants allegedly failed to provide restrooms that are accessible to and usable by individuals with disabilities.

The plaintiff requests a trial by jury and seeks declaration that defendants’ property is in violation of the ADA, permanent injunction enjoining defendants from continuing their discriminatory practices, ordering defendants to remove the physical barriers to access and alter the subject property and facility to make it accessible to and useable by individuals with disabilities. She is represented by Jordan T. Isringhaus of Leavenlaw in St. Petersburg.

U.S. District Court for the Middle District of Florida, Fort Myers Division Case number 2:16-cv-00326

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