Miami Wheelchair-User Sues Property Owners Over Lack of Accessibility for People With Disabilities

Lavi Apartments Bora Bora Market ADA Class Action Overview:

• Who: A Florida man is suing property owner Lavi Apartments and Adam Trading Group, LLC, the owner of the Bora Bora Market chain, under the Americans with Disabilities Act.
• Why: The man says he frequents Lavi Apartments and a nearby Bora Bora Market, and have found both to be rife with accessibility issues for those who use wheelchairs.
• Where: Miami, Florida.

A Miami man who uses a wheelchair is taking class action against a property owner and a local supermarket over alleged accessibility issues, saying he tried to go to the supermarket but found hurdles at every turn.

Plaintiff Juan Carlos Gil filed the class action complaint against Lavi Apartments and Adam Trading Group, LLC, last Wednesday in a Florida federal court, alleging violations of the Americans with Disabilities Act (ADA).

Lavi Apartments is a place of public accomodation in Miami, and Adam Trading Group has a commercial supermarket in Miami known as Bora Bora Market, the lawsuit states.

Gil said he visits the two locations regularly as they are about 10 miles from his home, and he visits other businesses in the space.

When he recently tried to visit the public site in July, he found it to be “rife with ADA violations,” the class action states.

“The Plaintiff encountered architectural barriers at the Commercial Property, and businesses located within the Commercial Property and wishes to continue his patronage and use of each of the premises,” it says. 

However, the current barriers to access pose a risk of injury, embarrassment and discomfort to him, he says.

The issues allegedly started in the parking lot, where the accessible parking spaces were located on a slope, making it difficult for Gil to exit the vehicle. There was no easily accessible route from the parking lot to the building for his wheelchair. And the main entrance, restrooms, and lavatory were also not accessible without assistance, he alleges.

“Although over twenty-eight years have passed since the effective date of Title III of the ADA, Defendants have yet to make its facilities accessible to individuals with disabilities,” Gil says.

He’s seeking an injunction forcing the property owner to correct the alleged violations, fees and costs. 

In other recent legal news under the ADA, a California judge recently ruled that Lyft is not legally obliged to provide more vehicles accessible by would-be riders who use motorized wheelchairs in the Bay Area. 

What do you think of the claims under the ADA alleged in this class action? Let us know in the comments! 

The plaintiff is represented by Garcia-Menocal & Perez, P.L. 

The Lavi Apartments Bora Bora Market ADA Class Action Lawsuit is Juan Carlos Gil et al., v. Lavi Apartments, LLC et al., Case No. 1:21-cv-23156-BB in the U.S. District Court Southern District of Florida. 

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