Plaintiff alleges local bistro violated ADA accessibility requirements

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A local establishment in New York is facing serious allegations of disability discrimination, as a lawsuit has been filed against them for failing to comply with accessibility laws. On February 6, 2026, Kai Hunte filed a complaint in the United States District Court for the Southern District of New York against Red Drop LLC, doing business as Cello Wine & Cocktail Bistro, and 53RD Group Associates LLC. The lawsuit accuses these defendants of violating multiple disability rights laws by not providing accessible facilities for individuals with disabilities.

According to the complaint, Kai Hunte, who has been paralyzed from the mid-back down since a motorcycle accident in 2010 and uses a wheelchair for mobility, attempted to visit the establishment on October 12, 2025. He was unable to access the premises due to architectural barriers that violated Title III of the Americans with Disabilities Act (ADA), along with state and city human rights laws. Hunte’s legal representation argues that the defendants have failed to provide necessary accommodations such as ramps or accessible routes into their facility. The lawsuit details numerous specific violations including inaccessible dining tables and bar areas, lack of compliant signage for restrooms, and improperly mounted mirrors within restroom facilities.

The plaintiff claims that these barriers have resulted in embarrassment and discrimination against him. Despite these challenges, Hunte intends to return once the barriers are removed. The complaint highlights that making the premises accessible is “readily achievable” and does not impose an undue burden on the defendants. The suit seeks declaratory and injunctive relief to mandate compliance with accessibility standards so that Hunte can enjoy equal access like other patrons.

Hunte’s legal team is seeking various forms of relief from the court. They are asking for a permanent injunction requiring the defendants to cease operations until they comply with ADA standards or present a plan for compliance. Additionally, they seek compensatory damages, punitive damages under New York City law, attorney’s fees, costs associated with litigation, and any further relief deemed just by the court.

Representing Kai Hunte is Gabriel A. Levy from Gabriel A. Levy P.C., based in Manhasset, New York. The case is being overseen by judges at the United States District Court for the Southern District of New York under Case ID 1:26-cv-1030.

Source: 126cv1030_Kai_Hunte_v_Red_Drop_Complaint_Southern_District_of_New_York.pdf


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