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Date: 09-25-2023

Case Style:

Howard Cohan v. Samba Midtown, LLC d/b/a Sugarcane

Case Number: 1:22-cv-23164

Judge: William P. Dimitrouleas

Court: United States District Court for the Southern District of Florida (Miami-Dade County)

Plaintiff's Attorney:



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Defendant's Attorney: Alejandro Israel Leiva and Peter Ross Siegel

Description: Miami, Florida civil rights lawyer represented Plaintiff who sued the Defendant on an Americans with Disabilities Act violation theory.

"The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including employment, education, transportation, state and local government services, and telecommunications.

The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. Major life activities include activities such as walking, talking, seeing, hearing, breathing, learning, working, caring for oneself, performing manual tasks, and engaging in social and recreational activities.

The ADA prohibits discrimination against individuals with disabilities in the following areas:

Employment: Employers cannot discriminate against individuals with disabilities in hiring, firing, promotion, compensation, job training, or other terms and conditions of employment.
Education: Public schools, colleges, and universities cannot discriminate against students with disabilities in admissions, academic programs, extracurricular activities, or other aspects of education.
Transportation: Public transportation providers cannot discriminate against individuals with disabilities in the provision of services.
State and local government services: State and local government agencies cannot discriminate against individuals with disabilities in the provision of services, such as parks and recreation programs, libraries, and public transportation.
Telecommunications: Telecommunications providers must provide accessible services to individuals with disabilities.

The ADA also requires businesses and organizations to make reasonable accommodations for individuals with disabilities, unless doing so would cause an undue hardship. Reasonable accommodations can include things like providing wheelchair ramps, modifying work schedules, and providing sign language interpreters.

If you believe that you have been discriminated against in violation of the ADA, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the U.S. Department of Justice (DOJ). You may also be able to file a lawsuit in federal court.

Here are some examples of discrimination that is prohibited by the ADA:

An employer refuses to hire a qualified applicant because they have a disability.
A school refuses to admit a student with a disability because of their disability.
A public transportation provider refuses to provide accessible service to a person with a disability.
A state government agency refuses to provide services to a person with a disability because of their disability.
A telecommunications provider refuses to provide accessible services to a person with a disability.

The ADA is an important law that protects the rights of individuals with disabilities. If you have a disability, you should be aware of your rights under the law and how to protect them.

Here are some examples of how the ADA is used in everyday life:

A wheelchair user is able to enter a restaurant because there is a ramp at the entrance.
A student with a learning disability is given extra time to take tests.
A deaf person is able to communicate with a customer service representative through a sign language interpreter.
A person with a mental illness is able to keep their job because their employer provides them with a reasonable accommodation.

The ADA is a vital tool for ensuring that individuals with disabilities have the same opportunities as everyone else."

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Outcome: 09/25/2023 16 ORDER OF DISMISSAL WITH PREJUDICE. CLOSING CASE. Signed by Judge William P. Dimitrouleas on 9/25/2023. See attached document for full details. (caw) (Entered: 09/25/2023)

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