MIAMI – A
woman who allegedly acts as a "tester" to determine if public places are
compliant with the Americans with Disabilities Act claims a Sebastian
restaurant doesn't meet the requirements.
Patricia Kennedy filed a
complaint on March 27 in the U.S. District Court for the Southern
District of Florida against Country Ham N' Egg Restaurant Inc. alleging
violation of the
Americans with Disabilities Act.
According to the complaint, the
plaintiff alleges that on Jan. 23, she visited the defendant's
restaurant and was denied the benefits of services, programs and
activities of the defendant’s buildings and its facilities because of
the barriers there. The plaintiff holds Country Ham N' Egg Restaurant
Inc. responsible because the defendant allegedly does not have
accessible routes connecting parking spaces, has an insufficient number
of complaint parking spaces and does not have a complaint restroom.
plaintiff seeks judgment against
defendant, injunctive relief, attorney’s fees, costs and
litigation expenses, and other relief as the court deems just and
proper. She is represented by Andrew C. Enfield of Thomas B. Bacon PA
in Miami and Thomas B. Bacon of Thomas B. Bacon PA in Mount Dora and Miami.
U.S. District Court for the Southern District of Florida Case number 2:17-cv-14105