FORT MYERS – A Monroe County man alleges a Fort Myers business is not accessible to patrons with disabilities.
Francis Martinez filed a complaint on March 23 in the U.S. District Court for the Middle District of Florida, Fort Myers Division against Circle K Stores Inc., doing business as Circle K, alleging violation of the Americans with Disabilities Act.
According to the complaint, the plaintiff alleges that he visited the defendant's property in Fort Myers on July 20, 2016, and was denied full and equal access and enjoyment of the facilities.
The plaintiff holds Circle K Stores Inc., doing business as Circle K, responsible because the defendant allegedly failed to design and construct such premises to be accessible to and accommodate persons with disabilities, and failed to provide proper signage for an accessible restroom.
The plaintiff seeks judgment against the defendant, injunctive and declaratory relief, attorneys' fees, all costs, expenses and further relief as it may deem just. He is represented by Jason S. Weiss and Zachary W. Smith of Weiss Law Group PA in Coral Springs.
U.S. District Court for the Middle District of Florida, Fort Myers Division Case number 2:17-cv-00162