A New York resident is taking a stand against what she describes as ongoing and blatant disability discrimination at a popular local restaurant. Ashley Francis filed a complaint on February 17, 2026, in the United States District Court for the Southern District of New York against 40/42 Market Street Associates LLC and 123 Madison LLC. The lawsuit alleges that these entities have failed to provide necessary accommodations for people with disabilities at their establishment, Golden Diner.
Ashley Francis, who uses a wheelchair due to medical conditions affecting her mobility, accuses the defendants of violating multiple laws designed to protect individuals with disabilities. These include Title III of the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL). According to Francis, despite being a frequent visitor to the area and having dined at Golden Diner several times since early 2025, she has faced numerous barriers due to her disability. The complaint highlights specific issues such as inaccessible entrances and restrooms, lack of proper signage indicating accessible facilities, and inadequate seating arrangements that force her into uncomfortable positions.
Francis claims that these barriers not only prevent her from enjoying full access but also expose her to potential bodily harm. “Defendants made a financial decision to ignore explicit legal requirements,” the complaint states, suggesting that this negligence was deliberate in hopes of avoiding detection. The plaintiff seeks declaratory and injunctive relief to compel the defendants to make their premises fully accessible. Additionally, she is pursuing compensatory damages for emotional distress caused by humiliation and embarrassment due to these accessibility issues.
The lawsuit demands comprehensive changes at Golden Diner to comply with ADA standards from both 1991 and 2010. It outlines numerous architectural barriers preventing equal access for wheelchair users like Francis. The plaintiff argues that rectifying these issues is not only feasible but financially achievable for the defendants. Furthermore, Francis serves as a “tester” under civil rights legislation, intending to monitor compliance with accessibility standards even after improvements are made.
Represented by Glen H. Parker of The Parker Law Group P.C., Ashley Francis seeks various forms of relief through this legal action. She requests that the court order immediate closure of Golden Diner until all violations are addressed and compliance with relevant laws is achieved. In addition to monetary compensation for damages incurred under state human rights laws, she asks for punitive damages under NYCHRL provisions as well as attorney’s fees.
This case underscores ongoing challenges faced by individuals with disabilities in accessing public accommodations—a struggle that persists despite existing legal protections aimed at ensuring equality across all sectors of society.
Attorneys involved in this case include Glen H. Parker representing Ashley Francis while details about defense counsel remain undisclosed in this document. The case has been assigned Case ID: 1:26-cv-01307 within the jurisdiction of United States District Court Southern District of New York.
Source: 126cv01307_Ashley_Francis_v_40:42_Market_Complaint_Southern_District_of_New_York.pdf
