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SUMMARY JUDGMENT FOR DEFENDANT Alleged violation of Americans with Disabilities Act – Claimed failure of restaurant to provide handicapped accessibility.

Palm Beach County, FL

The plaintiff brought this action against the defendant under the Americans with Disabilities Act (ADA). The plaintiff alleged that the defendant failed to provide handicapped access to its restaurant. The defendant argued that

It did not own, lease, or control the subject restaurant and, therefore, lacked authority to make any repairs or modifications to the restaurant to comply with the ADA.

The male plaintiff claimed that he was discriminated against based on his disability because certain elements of a local restaurant were not ADA compliant. The plaintiff contended that he was therefore, denied the opportunity to enjoy the same goods and services provided by the restaurant to non-disabled individuals.

The defendant showed that that it did not own, lease, or control the restaurant. The defense moved for summary judgment, arguing that it had no authority to make any repairs or modifications to the restaurant.The court granted the defendant’s motion for final summary judgment. There is nothing to prevent the plaintiff from filing a new lawsuit against another entity.

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