A New York resident is taking legal action against two local businesses, alleging discrimination due to disability access violations. Altaune Brown filed a complaint on February 18, 2026, in the United States District Court for the Southern District of New York against 26 Tobacco Shop Corp. and Fairfax Management Corp.
The lawsuit stems from Brown’s experiences as a paraplegic who relies on a wheelchair for mobility. On September 29, 2025, and other occasions, Brown attempted to enter the premises of a popular mini-market and tobacco shop located at 26 Avenue C in New York City but was unable to do so due to physical barriers such as steps leading from the sidewalk to the entrance. According to the complaint, these barriers prevented him from accessing goods and services offered by the defendants’ establishment, thus violating Title III of the Americans with Disabilities Act (ADA), along with New York State and City Human Rights Laws.
Brown claims that despite living nearby and being aware of the variety of offerings at this location, he has been deterred from returning due to these accessibility issues. The complaint highlights that there were no alternative means provided for entry or assistance offered by employees during his visit. Consequently, Brown argues that he has suffered an injury in fact because of being denied full and equal access.
The plaintiff is seeking several forms of relief from the court. These include declaratory judgment stating that the defendants are in violation of ADA standards; injunctive relief requiring immediate alterations to make facilities accessible; compensatory damages for civil rights violations under state and city laws; punitive damages for willful conduct; disgorgement of profits derived from non-compliance; reasonable attorney fees; costs associated with litigation proceedings; as well as any further relief deemed necessary by the court.
Representing Altaune Brown is The Marks Law Firm, P.C., with Bradly G. Marks serving as counsel. The case is presided over by judges within the Southern District of New York under Case ID: 1:26-cv-01395.
Source: 126cv01395_Altaune_Brown_v_26_Tobbaco_Complaint_Southern_District_of_New_York.pdf
