St. Nicholas Realty Associates, Maricsco Centro Restaurant Sued

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A proposed class action has been filed in New York against St. Nicholas Realty Associates, L.L.C. and Marisco Centro Restaurant, Inc. over the parties’ alleged refusal to remove “unlawful architectural barriers” at its places of public accommodation. The 15-page lawsuit, which cites alleged violations of the Americans with Disabilities Act (ADA), claims the defendants’ refusal to remove access barriers has excluded proposed class members who rely on wheelchairs and scooters from having access to the companies’ facilities.

The named plaintiff, who is paralyzed and wheelchair-bound, entered the defendants’ public accommodation in 2016 and encountered, among other obstacles, an unlawful “canopy which removes the wheelchair maneuvering clearance and turning radius” to enter the establishment, the lawsuit claims.