A man with disabilities has filed a lawsuit against two businesses, alleging violations of the Americans with Disabilities Act (ADA) due to inaccessible facilities. Carlos Ruiz Florez initiated the complaint on Dec. 24, 2024, in the United States District Court for the Eastern District of New York against 1653 Realty LLC and Sofrito Al Punto Restaurant Corp.
The case revolves around Florez's inability to access a property located at 6420 17th Avenue, Brooklyn, NY, owned by 1653 Realty LLC and operated by Sofrito Al Punto Restaurant Corp.
Florez, who uses a wheelchair due to paraplegia from a spinal cord injury, claims that structural barriers prevented him from entering the facility during visits in February and October of 2024.
He encountered a large concrete step and an outward-swinging door that made it impossible for him to enter safely.
"Plaintiff realized it was untraversable," states the complaint, highlighting his unsuccessful attempts to access the public accommodations.
Florez argues that these barriers violate Title III of the ADA and various ADA Accessibility Guidelines (ADAAG), which mandate accessible routes and entrances for individuals with disabilities.
The complaint lists numerous specific violations, including inaccessible entrances, non-compliant service counters, dining tables without required knee and toe clearance, and restroom facilities lacking proper signage and maneuvering space. Florez emphasizes that these issues not only limit his access but also pose safety risks.
In addition to citing federal law violations under the ADA, Florez invokes New York State Human Rights Law provisions against discriminatory practices based on disability. He claims that despite frequenting nearby establishments without issue, he cannot enjoy similar experiences at Sofrito Al Punto due to these persistent barriers.
Florez seeks injunctive relief compelling the defendants to remove physical barriers and make necessary alterations to comply with ADA standards. He requests the court order closure of the facility until compliance is achieved and asks for compensation covering attorney’s fees and litigation costs.
Florez is represented by Maria-Costanza Barducci from Barducci Law Firm PLLC. The case is filed under Case ID: 1:24-cv-08784.