MIAMI – A woman who allegedly acts as a "tester" to determine if public places are compliant with the Americans with Disabilities Act claims a Sebastian restaurant doesn't meet the requirements.
Patricia Kennedy filed a complaint on March 27 in the U.S. District Court for the Southern District of Florida against Country Ham N' Egg Restaurant Inc. alleging violation of the Americans with Disabilities Act.
According to the complaint, the plaintiff alleges that on Jan. 23, she visited the defendant's restaurant and was denied the benefits of services, programs and activities of the defendant’s buildings and its facilities because of the barriers there. The plaintiff holds Country Ham N' Egg Restaurant Inc. responsible because the defendant allegedly does not have accessible routes connecting parking spaces, has an insufficient number of complaint parking spaces and does not have a complaint restroom.
The plaintiff seeks judgment against defendant, injunctive relief, attorney’s fees, costs and litigation expenses, and other relief as the court deems just and proper. She is represented by Andrew C. Enfield of Thomas B. Bacon PA in Miami and Thomas B. Bacon of Thomas B. Bacon PA in Mount Dora and Miami.
U.S. District Court for the Southern District of Florida Case number 2:17-cv-14105