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FLORIDA RECORD

Thursday, April 18, 2024

Man claims shopping center has barriers that restrict access to disabled

Handicapped sign 09

MIAMI – A disabled person claims a retail shopping center in Port St. Lucie discriminated against him by denying access to the property.

David Poschman filed a complaint on April 14, in the U.S. District Court for the Southern District of Florida against PR-Prima Vista Crossing LLC, citing alleged failure to uphold Americans with Disabilities Act regulations

According to the complaint, the plaintiff alleges that on April 8, he attempted to access defendant's property but he could not fully do so because of the mobility-related ADA violations. He alleges he was denied safe, full and equal enjoyment of the goods, services, facilities, privileges, advantages and/or accommodations. The plaintiff holds PR-Prima Vista Crossing LLC responsible because the defendant allegedly failed to provide accessible routes to access the property, failed to safely connect the retail shopping center with the public sidewalk, failed to provide disabled person parking spaces and access aisles and failed to provide restrooms that are accessible to and usable by individuals with a disability.

The plaintiff requests a trial by jury and seeks permanent injunction enjoining defendant from continuing its mobility-related discriminatory practices, an order for defendant to implement policies to accommodate the disabled, an order to make the property readily accessible to and usable individuals with disabilities, attorneys’ fees and litigation expenses, including expert fees and costs. He is represented by Drew M. Levitt and Leed D. Sarkin of Law Office of Drew M. Levitt in Boca Raton.

U.S. District Court for the Southern District of Florida Case number 2:16-cv-14136

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