 (Declaratory Relief)   (Violations of New York State Human Rights Law)  (Injunctive Relief and Damages on Behalf of Plaintiffs)   (Violations of the Americans with Disabilities Act)  (Injunctive Relief)   (Violations of New York State Civil Rights Law)  (Statutory Damages on Behalf of Plaintiffs)   27.  Plaintiff has been diagnosed with cerebral palsy and cannot walk. As a result, he uses a  wheelchair for mobility.   28.  Defendant DELAWARE NORTH ISLANDIA PROPERTIES LLC owns or leases the  commercial property which houses the public accommodation named Jake's 58 Hotel & Casino  located at 3635 Express Drive North, Islandia, NY (hereinafter ‘facility’).   29.  Defendant owns or operates the public accommodation named Jake's 58 Hotel & Casino  located at 3635 Express Drive North, Islandia, NY.   30.  In 2016/2017, Defendant purchased and substantially renovated the commercial property  located at 3635 Express Drive North, Islandia, New York. A significant amount of the  renovations were to the areas which affects or could affect access to or usability of its place of  public accommodation.   31.  In 2017, Plaintiff has gone to Defendant’s public accommodation several times. Each  time, Plaintiff encountered several inaccessible slot machines.    32.  Each inaccessible slot machines has an affixed seat. The affixed seat prevents  Plaintiff and all others similarly situated from accessing the slot machine.   33.  Defendant provides complementary self-serve soft drinks to its patrons. However, the  self-serve soft drink machine is at an inaccessible height and cannot be reached by plaintiff and  all others similarly situated.   34.  The operable parts of Defendant’s self-service soft drink machine are more than 48  6  inches high. Consequently, Plaintiff, an individual who uses a wheelchair, cannot reach the soft  drink machine.   35.  Plaintiff has the intention to patronize Defendant’s public accommodation when it  becomes readily accessible to and usable.   36.  The removal of existing architectural barriers is readily achievable.    37.  To date, Defendant has failed to remove the architectural barriers.  38.  Defendant’s facility named Jake's 58 Hotel & Casino located at 3635 Express Drive  North, Islandia, NY is a public accommodation within the meaning of Title III of the ADA, 42  63.  Plaintiff realleges and incorporates by this reference all of the allegations set forth in this  Complaint as if fully set forth herein.   64.  Defendant’s facility named Jake's 58 Hotel & Casino located at 3635 Express Drive  North, Islandia, NY is a public accommodation within the meaning of New York State Human  Rights Law § 292(9).   65.  Defendant has not provided Plaintiff and others similarly situated with evenhanded  treatment in violation of New York State Human Rights Law § 296.   66.  Defendant’s direct or indirect unevenhanded treatment of Plaintiff and others similarly  situated is demonstrated when he was segregated from all other customers.    67.  Defendant has, because of Plaintiff’s disability, directly or indirectly, refused, withheld  from or denied Plaintiff any of the accommodations, advantages, facilities or privileges of their  public accommodation.     68.  Defendant has demonstrated that the patronage or custom thereat of Plaintiff and others  similarly situated, is unwelcome, objectionable or not acceptable, desired or solicited.   69.  Defendant and its agents discriminated against Plaintiff in violation of New York  State Human Rights Law § 296.   70.  Defendant discriminated in against Plaintiff  by creating, fostering, and otherwise failing  to prevent or remedy the discrimination against Plaintiff, in violation of New York State Human  Rights Law § 296.   71.  As a direct and proximate result of Defendant unlawful discrimination in violation of  the New York State Human Rights Law, Plaintiff has suffered and continues to suffer mental  11  anguish and emotional distress.  72.  Plaintiff realleges and incorporates by this reference all of the allegations set forth in this  Complaint as if fully set forth herein.   73.  On the basis of Plaintiff’s disability, Defendant has violated his Civil Rights.   74.  Consequently, Plaintiff is entitled to recover the penalty prescribed by Civil Rights  Law § 40-c and 40-d, in the amount of $500 for each and every violation.   75.  Pursuant to NY Civil Rights law, Defendant is guilty of a class A misdemeanor.   76.  Notice of the action has been served upon the Attorney-General as required by Civil  Rights Law § 40-d.  77.  Plaintiff realleges and incorporates by this reference all of the allegations set forth in this  Complaint as if fully set forth herein.   78.  Plaintiff is entitled to a declaratory judgment concerning the violations committed by  Defendant specifying the rights of Plaintiff and other persons similarly situated as to the  policies, practices, procedures, facilities, goods and services provided by Defendant. 