MIAMI – A disabled person alleges he could not access all the goods and services at a West Palm Beach property.
James Mears filed a complaint on April 3 in the U.S. District Court for the Southern District of Florida against Text Smart LLC and D.C.M. Associates citing the Americans with Disabilities Act.
According to the complaint, the plaintiff alleges that in Januar 2017, he was a customer at NYPD Pizza & Deli. which is operated by Text Smart. As he attempted to utilize the restroom facilities, he alleges he encountered barriers to access the facility. He also alleges the parking lot has barriers. The plaintiff holds Text Smart LLC and D.C.M. Associates responsible because the defendants allegedly have discriminated against persons with disabilities by denying equal enjoyment of the goods, services and/or accommodations of the property.
The plaintiff requests a trial by jury and seeks an order compelling defendant to remove all physical barriers that exist at the facility to make it readily accessible to and useable by individuals with disabilities, award for reasonable attorneys' fees, litigation expenses and costs. He is represented by Douglas S. Schapiro of The Schapiro Law Group PL in Boca Raton.
U.S. District Court for the Southern District of Florida Case number 9:17-cv-80429