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FLORIDA RECORD

Tuesday, April 16, 2024

Delray Beach shopping plaza accused of having barriers restricting access to disabled

Handicapped sign 03

MIAMI – A disabled man alleges that a Delray Beach shopping plaza discriminated against him by denying access to and full and equal enjoyment of the goods and services offered within the property.

Dwight Reed filed a complaint on May 10 in the U.S. District Court for the Southern District of Florida against CDR Atlantic Plaza LTD citing alleged failure to uphold Americans with Disabilities Act regulations.

According to the complaint, the plaintiff alleges that in March he attempted to access the defendant's property but could not fully do so because of defendant's mobility-related discriminatory policies towards the disabled. He claims he had limited access to the goods, services and accommodations offered therein. The plaintiff holds CDR Atlantic Plaza LTD responsible because the defendant allegedly failed to provide accessible routes, failed to safely connect the retail shopping center with the public sidewalk, failed to provide parking spaces for disabled persons, failed to provide disabled person's directional signage and failed to provide restrooms that are readily accessible to and usable by individuals with disabilities.

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 consistent with the ADA, an order to accommodate the disabled and to remove the physical barriers to access, fix property to make it readily accessible to and usable by persons with disabilities, an award for attorneys’ fees and litigation expenses. He is represented by Drew M. Levitt and Lee D. Sarkin of Boca Raton.

U.S. District Court for the Southern District of Florida Case number 9:16-cv-80739

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