Plaintiff alleges restaurant operators violated ADA due to accessibility barriers


Margo Brodie, Chief Judge with the U.S. District Court for the Eastern District of New York | Administrative Office of the United States Courts | Wikipedia Commons

A lawsuit has been filed against two businesses for alleged violations of the Americans with Disabilities Act (ADA) over accessibility issues at a restaurant in South Ozone Park, New York. The complaint, filed by Gemane Nettles on Nov. 12, 2024, in the U.S. District Court for the Eastern District of New York, targets Jagjit Singh, Inc. and Silver Star CR Inc.

Nettles, a Brooklyn resident and T-6 paraplegic who uses a wheelchair, claims that his visits to the Silver Star restaurant at 124-30 Rockaway Blvd were hindered by several barriers preventing access to goods and services. 

The lawsuit outlines multiple incidents where Nettles encountered significant obstacles, including inaccessible entrances, inadequate door maneuvering space, non-compliant service counters, and obstructions in restroom facilities.

The plaintiff asserts these conditions, which violate ADA guidelines, amount to ongoing discrimination under Title III of the ADA. Nettles says he intends to visit the restaurant regularly when in the area but will be unable to do so unless necessary modifications are made. 

He accuses Jagjit Singh, Inc., the property owner, and Silver Star CR Inc., the lessee and operator, of failing to address these accessibility issues.

The lawsuit details specific ADA violations, including inaccessible routes and entrances (ADAAG 206), lack of accessible means of egress (ADAAG 207), improper signage (ADAAG 216), and non-compliant restroom facilities (ADAAG 603). Nettles argues that correcting these issues would not pose undue difficulty or expense.

Nettles seeks injunctive relief, requesting that the defendants remove barriers and make changes to comply with ADA standards. He also demands compensation for attorney's fees, expert fees, and litigation costs.

Representing Nettles is attorney Jennifer E. Tucek of New York City. Case I.D. 1:24-cv-07875. 

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