CORRESPONDENCE
The City 01 &YlltOll Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
June 23, 2005
Mr. Paul B. Davis
P.B. Davis Construction Company
1307 S. Killian Drive
Lake Park, Fl 33403
Re: Pan American Bank Plaza
MMSP 05-053
Dear Mr. Davis:
In response to your request date-stamped June 14, 2005 for the
administrative review and approval of the modifications proposed to
the above-referenced approved site plan, depicting the following:
. Modification to parking lot to comply with ADA regulations (as
depicted on the attached plan) i
Please be informed that the proposed changes on the revised plan
date stamped 6/14/05 are "minor" as defined within the Land
Development Regulations, Chapter 4 - Site Plan Review. Although the
modification of the parking lot will reduce the overall number of
parking spaces, compliance with the ADA code is the determining
factor in granting this approval. As such, this proj ect may
continue to be processed by the Building Division as a permit
application, subject to the following conditions:
1. No landscaping shall be removed or relocated without previous
approval of the City Forester and installation of new landscaping
shall be coordinated with the City Forester.
Be advised that any proposed changes may require a modification to
the building permit. Please contact me at (561) 742-6260 if you
have additional questions.
Sincerely,
Principal Planner
Cc: Karen Main, Plan Review Analyst
Kevin Hallahan, City Forester
P.B. DAVIS CONSTRUCTION COMPANY
GENERAL CONTRACTORS
1307 South Killian Dr.
Lake Park, FI. 33403
PH: 561-848-0577
Fax: 561-848-0954
COMMERCIAL BUILDERS .
June 3, 2005
Ed Breese
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Fl. 33425
Re: Request for ADA Compliance Corrections
@ 3501-3557 W. Boynton Beach Blvd.
Dear Mr. Breese
Weare requesting approval to make certain adjustments to the existing parking lot as
referenced above. The scope of work will be per drawings by Florida Design Architects.
Also, I am enclosing a copy of the lawsuit
Please give me a call should you have any questions.
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Nov 12 2004 12:34PM Michael
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UNITED STATES DISTRICT COURT ::' "'~/',~
SOUlliERN :::::OF FLOORI4DA_ 81 O~~';~:" \
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ACCESS FOR THE DISABLED, INC.~ " ."", ._ ,
and ROBERT COHEN, ClY~IVDDl)L]J:Bftt)6][(S
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Plaintiffs, . MA~TE JtJi>GE
,~JOBNSONr
VS~ ..-.,....._-~..__.. "._. ......__...........,~~~:...,.,..
LOORA MANAGEMENT~ INC.,
DefendltrJt,
/ lNJUNCTIVE ~LJEF SOUGHT
COMPLAINT
Plaintiffs, ACCESS FOR THE DISABLED~ INC., and ROBERT COHEN, by and through
the undersigned counsel. hereby sue the Defendant, LOGRA MANAGEMENT, INC., for injunctive
reliefptusuant to the Americans with Disabilities Act. 42 US,C. 912181. et seq. (hereinafter, the
'~ADA") and the ADA's Accessibility Guidelines, 28 C.F.R. Part 36 (hereinafter, the "ADAAG"),
and alleges as follows:
.JURISDICTION
1. This Court has oTiginaljurisdiction over the actionpursuantto 28 U.S.C. S~1331 and
1343 for: Plaintiffs' claims m-ising muier42 U.S.C. S12l81, et seq., based upon Defendant's failure
to remove physical barriers to access and violations of Title III of the l\DA (see abo. 28 V.S.C.
~~220 I and 2202).
PARTIES
2. Plaintiff, COHEN, is a resident ofthc State of Florida and this judicial district~ is sui
Juris. and is disabled as dermcd by the ADA and. subst.:\:r..tia11:y limited in pcr.fornJing one 01' more
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maj or life activities, including but not limited to walking and standing. Plaintiff uses a wheelchair
for mobility purposes. Plaintiff's access to the Facility and/or his full and equal enjoyment of the
goads, s~'fVices, facilities, privileges, advantages and/or accommodations offerrzd therein. was denied
and/or limited heca1.\se of these d..lsabilities, and will be denied and/or limited in the future unless and
until Defendant is eompelled to remove the physical barriers to accoss and ADA violations which
exist at the Facilit:r" including those set forth in this Cotnplaint.
3. ACCESS FOR THE DISABLED, INC., is anon-profit Florida corporation.
COHEN is Ii member ofth.is orgaT.l1.zation. This organizationls purpose is to represent the
interests of its mcmber(s) and other persons \-vith disabilities by assuring that places of public
accommodation are accessible to and usable by individU31s with disabilitil~S. Plaintiff, COHEN,
and other persons with disabilities have suffered and/or will suffer direct and indirect injury as a
result of Defendant's discriminatioii until Defendant is compel1ed to remove the physical barriers
to acces:'l and comply with the requirements of the ADA.
4. Plaintiffs have suffered and continue to suffer direct and indirect injury as a result of
Defendanfs actions or. inaction described herein.
S. Defendant transacts business in the State of Florida and witb,in this judicial district.
Defendant is the ovroer, lessee, lessor and operator of the real property and improvements which are
the subject of this action, commonly referred to as the shopping plaza located at or about 3501 West
Boynton Beach Blvd., Boynton Beach, Florida (hereinafter~ the "Facility").
FACTUAL ALLEGATIONS AND CLAIM
6. On July 26~ 1990, Congress enacted the Americans willi Disabilitit,)g Act (hereinafter,
the "ADA"), 42 D.S,C, ~12101~ et seq.
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.
7. Congress found, among otber things, that
(i) some 43,000.000 Americans have one or more physical or mental disabilities,
and this nu:rr1ber is increasing as the population as a whole is growing older;
(ii) historica11Yt society has tended to isolate and segregate individuals with
disabilities., and, despite some improvements, such forms of discrimination
against individuals with disabilities couti.nue to be a serious and pervasive
social problem;
(iii) discrimination against individuals with disabilities persists in such critical
areas as cmploynlent, housffig public accommodations, education,
transportation, communication, recreadon, :institutionalization, health
services, votingl.and access to public services;
(iv) individuals with disabilities continually encounter various forms of
discrimination, i.ncluding outright intentional exclusion, the discriminatory
effects of architectural, transportation, a.nd communication barriers,
ovel:pfotective rules and policies. failure to makr:: roodif.1Cations to existing
facilities an.d practices, exclusionary qualification standards and criteria.
segregation, and relegation to lesser service, programs, activities, benefits,
jobs, or other opportunities; and,
(v) the continuing existence of unfair and wmecli:ssary discrimination and
prejudice denies people with disabilities the opportunity to compete on an
equal basis and to pursue those opportunities for wbich our :free society is
jost1fiably fEUTIOl1S. and costs tbe United States billions of dollars in
unnecessary expenses resulting from dependency and nonproductivity.
42 v.S.C. s12101(a)(l) - (3), (5) and (9).
8. Congress explicitly stated that the purpose oftbe ADA wM to:
(i) provide a clear and comprehensive national mandate for the elimh1.ation of
discrimination agaiMt individuals with dj,sabilities;
(ii) provide a clear, strong, consistent, enforceable standards addressing
discrimination against individuals with disabilities; ~md.
(iii) invoke the sweep of congressional authority, including the power to enforce
the fourteenth amendment and to regulate commerce, in order to address the
majol:' areas of discrimination faced d~;y-to-day by people 'With disabiljties.
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42 U.s,C. 912101 (b)(1)(2) and (4).
9. The congressional legislation provided places of pubUc accoromodation one and a
half years from the enactment of the ADA to implement the requirements imposed by the ADA. The
. effective date of Title HI of the ADA was January 26, 1992, or. January 26, 1993 if the place of
public accommodation has 10 or fewer employees and gross receipts of $500,000 or less. 42 U.S. C.
~12181; 28 C.F.R. ~36.508(a).
10. 'The Facility i5 a public accommodation and ser'lY.ce establishment.
11, Pursuant to the mandates of 42 V.S.C. S12134(a), on July 26,1991, the Department
of Justice, Office of Attorney Geucml, promulgated. federal regulations to :implement the
requirements of the ADA. 29 C.F.R. Part 36. Public accommodations were required to conform to
these regulations by January 26, 1992 (or January 26, 1993jf defendant has J 0 or fewer employees
and gross receiflts 0:f$500,000 or less). 42 UB.C. ~12181) et seq_, and 28 C.F.R. ~ 36.508(a).
12. The Facility must be, but is not, in compliance with the ADA and ADAAG,
13. Plaintiffs have attempted to and have to the extent possiblc~ accessed the Facility! but
could not do so because of a disability due to the physical barriers to access, dangerous conditions
and ADA Yiolations that exist at the Facility that preclude and/or limit acce::;s to the Facility and/or
the goods, services, facilities, privileges, advantages andJor accommodations offered therein,
including those barriers, conditions and ADA violations more specifically set forth in tbi!'l Complaint.
14. Plaintiffs intend to visit the Facility again jn the near future in order t.o utilize all of
the goods, services, facilities, privileges, advantages and/or accommodations commonly offered at
this facility, including utilizing parking and restroom facilities, but will be unable to do $0 because of
a disability due to the physical barriers to access, d.mgeraus conditions and ADA vi.olations that exist
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at 1he property that preclude and/or limit his acce~s to the Facility andlor the goods, services,
facilities, privileges, advantages mld/or acconunodcttions offered therein> including those barriers,
conditions and ADA violations more specifically set fortb in this Complaint.
15. Defendant has discriminated against Plaintiffs and others with disabilities, by den}ing
acceSS to, and :full and equal enjoyment of the goods, scr.v.iccs, facili.ties, privileges, advantages
and/or accommodations of the Facility, as prohibited by 42 U.s.C. S 12182, et seq., by failing to
make alterations to ensure that to the maximum extentfcasible the facilities and path of travel are
accessible and by failing to remove architectural barriers as required by 42 US.C.
~ 12182(b )(2)(A)(iv), an.d. will continue to discriminate against Plaintiffs and others with disabilities
unless and untU Defendant is compelled to remove all physical barriers that ex.i8t at the Facility,
including those specifically set forth herein, and make the Facility accessible to and usable by
persons with disabilities, including PlaintifIc;.
16. Defendant bas discrimin.ated against Plaintiffs by failing to comply with the above
requirements. A specific~ although not exclusive, list of unlawful physical barriers, dangerous
conditions and ADA violations wh.ich preclude andlor limit Plaintiff.cs' ability (because of s.
disability) to access ihe Facility and/or full and equal enjoyment of the ~O()d.s, setvices, facilities,
privileges, advantages and/or accommodations of the Facility, include:
a.. The parking space..,> designated as accessible arc not, in fact accessible.
ADAAG 4.1.2(5).
b. The parking spaces designated as accessible do not have clear and level
access aisles. ADA<\G 4.6.
c. There are an in,suffi.cient number of accessible parking spaces. ADAAG
4.1.2(5).
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d. The parking spaces designated as accessihle are not properly dispersed
among the various entrance. . ADAAG 4.6.
e. The parking spaces are not designated with proper. signage. ADAAG 4.6.4
and Florida Accessibility Code.
f. The ramps are designated improperly and have excessive slopes, a drop-
off and a change in level. ADAAG 4.7 and 4.8.
g. There is not an accessi.ble route from the street, sid~~k and;'or public
transpormtion stop to the Facility. ADAAG 4.3.2.
b. There are counters within the Facility that aJ;'e too lligh. ADAAG 7.2.
1. There 8.(e l'es1rom.ns at the Facility that are not accessible, and lack dear
floor space, turning ~pace and maneuvering space for wheelchairs, have
inaccessible signage, sinks, inaccessible water closets, grab bars, mirrors
and dispensers. ADAJ-\,G 4.22 and 4.16.
16. The above listing is .oot to be considered aJHnclusive of the harriers, conditions or
violations encountered by Plaintiffs and/or which exist at the Facility. Plaintiffg require an
inspection of the FacUity in order to determine all of the discriminatory acts violating the ADA.
17. Plaintim have attempted to gain access to the Facility, but because of a disability
have been deni ed access to, IlD,d have heen denied the benefits of services~ program5 and ac.tivities of
the Facility, and h~.ve otherwise been discriminated against and dama.ged by Defendant, because of
th.e physical bauiers~ dangerous conditions and ADA violati.ons set forth above, and expects to be
discriminated againS't in the future by Defendant because of PlaintiffS' disa.bility, unless and until
Defendant is compelled to remove tbe unla\vful. barriers and conditions and comply with the ADA.
, 18, Tn.e removal of the physical barriers, dangerous conditions and A.DA violations set
forth herein is readily achievable and can. be accomplished and carried out without mnch difiiculty or
expense. 42 V.S.C. g12182(b)(2)(A)(iv); 42 v.S.C. g121 ~1(9); 28 C.P.R. ~i 36.304.
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19. Plaintiffs are with,Qut adequate remedy at law and is suffering irreparable bmm, and
reasonably anticipates that they \;v.ill continue to suffer irreparable harm unless and until Defendant is
required to remove the physical baniers, dangerous conditions and ADA violations that exist at the
Facilityl inclnding those set forth herein.
20. Plaintiffs bave been obligated to reta.in the undersigned counsel for the fIling and
prosecution of this action. Plaintiffs are entitled to reim.bursement for the undersigned counsel~ s
reasonable attomcys' feeS;, costs and litigation expenses from Defendant pursuant to 42 U.S.C. ~S
12205 and 12U7.
21. Pursusutto 42 D.S.C. S12188(a), this Caurtis provided authori,tyto grant injunctive
relief to Plaintiffs, including an order to alter the subj ect Facility to make it readily acoessiblc to and
useable by individllills with d.isabiIities to the extent required by the ADA, and closing th~ subject
Facilitjr l.mtil the requisite modifications are compleh~d.
WHEREFORE, Plaintiffs respectfully requc!rt that the Court issue a permanent injunction
enjoining Defendant from continuing its discriminatory practices, ordering Defendant to r~mo'Ve the
physical barriers to access and alter the subject Facility to make it readily accessible to and useahle
by individuals with disabilities to the extent required by the ADA, closing the subject Facility until
the barriers are removed and requisite alterations are completed, and av.rarding Plaintiffs their
reasonable attorney's fees, expert fees, costs and expenses mCUITed in this action.
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a W. hutby,' .
10lida. Bar No.: 0683
Atto
TODD W. SHULBY, P.A
12555 Orange Drive, Suite 270
Davie, Florida 33330-4304
Telephone; (954) 862-1770
Facsimile: (954) 862-1769
E-mail: tshulby@comcast.net
8
c.
PROJECT NAME: Pan Am Bank Plaza
LOCATION: 3501-3557 W. Boynton Beach Blvd.
PCN:
I FILE NO.: MMSP 05-053 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER:
Paul B. Davis ADDRESS:
P .B. Davis Construction Company
ADDRESS: 1307 South Killian Drive FAX:
Lake Park, FL 33403 PHONE:
FAX: 561-848-0954
-
PHONE: 561-848-0577
SUBMITTAL / RESUBMITTAL 6/14/05
1 ST REVIEW COMMENTS DUE:
PUBLIC /IP ARC NOTICE:
TART MEETING:
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
LEGAL AD:
PLANNING & DEVELOPMENT BOARD
MEETING:
COMMUNITY REDEVELOPMENT
AGENCY BOARD
CITY COMMISSION MEETING:
COMMENTS: Handicap Parking ADA suit
S:\Planning\SHARED\WP\PROJECTS\Pan Am Bank Plaza\2005 PROJECT TRACKING INFO,doc