MIAMI – A Lee County has filed suit against the owners of a Hialeah shopping center alleging that it is not accessible to those with disabilities.
Jeffrey Joel Judy filed a complaint on April 18 in the U.S. District Court for the Southern District of Florida, Miami Division against SC Limited Partnership alleging violation of the Americans with Disabilities Act.
According to the complaint, the plaintiff alleges that he has visited the Westland Promenade Shopping Center several times, but during his last visit, he experienced serious difficulty accessing the goods and utilizing the services at the property due to architectural barriers. He alleges he was denied the full and equal enjoyment of the goods and services offered at the property due to his disability. The plaintiff holds SC Limited Partnership responsible because the defendant allegedly failed to inadequately paint boundary lines for the disabled parking spaces, failed to provide accessible sidewalks and routes throughout the property and failed to provide accessible tenant service counters.
The plaintiff requests a trial by jury and seeks declaration that the subject property is in violation of the ADA, an order requiring defendant to alter its facilities to make it accessible to and usable by individuals with disabilities, an order directing the defendant to evaluate its policies and procedures toward persons with disabilities, attorneys' fees, costs and expenses and such other and further relief as it may deem necessary, just and proper. He is represented by Louis Mussman of Ku & Mussman in Miami Lakes.
U.S. District Court for the Southern District of Florida, Miami Division Case number 1:16-cv-21379