Customer alleges Bora Bora Smoothie Cafe denied wheelchair access in federal lawsuit

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A New York resident has brought a federal lawsuit claiming that a local smoothie cafe failed to provide wheelchair access, allegedly violating disability rights laws. The complaint was filed by Namel Norris on March 8, 2026, in the United States District Court for the Southern District of New York against Bora Bora Macdougal Inc., doing business as Bora Bora Smoothie Cafe, and 95 Macdougal Street LLC.

According to court documents, Norris asserts that he is paraplegic and uses a wheelchair for mobility. He reports that when he visited the cafe at 95 Macdougal Street in Manhattan prior to filing suit, he was unable to enter or fully enjoy the facilities due to architectural barriers. The lawsuit claims these conditions amount to discrimination under Title III of the Americans with Disabilities Act (ADA), as well as violations of both the New York City Human Rights Law (NYCHRL) and the New York State Human Rights Law (NYSHRL).

The complaint outlines several alleged deficiencies at the cafe. Among them are “failure to provide an accessible entrance, due to a step at the said entrance, without an ADA-compliant ramp and/or wheelchair lift,” lack of “a safe and accessible means of egress,” inaccessible sales counters exceeding allowable height limits, self-service electronic ordering screens out of reach for wheelchair users, inadequate directional signage throughout the facility, and absence of signs indicating accessible services. Norris states that these issues prevented him from entering or using the premises like other customers.

Norris describes himself as an award-winning hip-hop/rap recording artist who frequents Greenwich Village for work and social activities. He says he lives approximately 7.2 miles from the cafe and regularly visits businesses in that area with friends and colleagues. In his filing, Norris notes that he “personally visited Defendants’ Property, but was denied access,” resulting in what he calls “an injury in fact.” He adds that he intends to return once modifications are made: “Plaintiff shall promptly visit the Subject Property in the future once it is made accessible and ADA compliant.”

The legal arguments presented by Norris rely on provisions within federal law requiring places of public accommodation to remove architectural barriers where removal is readily achievable. The complaint references multiple sections of federal regulations specifying standards for entrances, sales counters, signage, and customer service equipment such as ordering screens. It also cites city administrative codes intended to prevent discrimination based on disability.

In addition to declaratory findings that defendants violated federal and local laws, Norris seeks injunctive relief compelling Bora Bora Smoothie Cafe and its property owner to alter their facilities so they are accessible to individuals with disabilities “to the full extent required by Title III of the ADA” as well as relevant state and city statutes. The requested relief includes an order potentially closing the subject facilities until compliance is achieved.

The plaintiff also asks for compensatory damages totaling $1,500 under state and city human rights laws plus punitive damages pursuant to New York City’s Administrative Code. Furthermore, Norris requests payment of attorney’s fees, court costs—including expert fees—and any other relief deemed appropriate by the court.

The case is being handled by attorneys B. Bradley Weitz (BW 9365) and Robert J. Mirel (RM 2974) of The Weitz Law Firm P.A., representing Namel Norris. The case number is 1:26-cv-01894.

Source: 126cv01894_Namel_Norris_v_Bora_Bora_Complaint_Southern_District_of_New_York.pdf



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