A complaint filed in federal court alleges that a local restaurant operator has failed to provide equal access for individuals with disabilities, highlighting concerns about compliance with accessibility laws affecting public accommodations. The legal action centers on claims that physical barriers at the establishment prevent wheelchair users from entering and enjoying its services on the same terms as other patrons.
The lawsuit was brought by Kai Hunte in the United States District Court for the Southern District of New York on March 18, 2026, naming Cappone Foods, Inc. and 11 Abingdon Square, LLC as defendants.
According to the complaint, Hunte sustained a T4 spinal cord injury in a motorcycle accident in 2010 and uses a manual wheelchair for mobility. He alleges that despite being able to travel independently throughout New York City—including driving with hand controls—he was unable to access the premises located at or about 307 Spring Street due to architectural barriers. The filing states that on August 5, 2025, Hunte attempted to visit the restaurant but encountered a step at the entrance without any ramp or alternative means of entry. The complaint notes there was also no way provided to contact staff for assistance.
Hunte reports feeling embarrassment and exclusion as a result of being unable to enter the establishment. He claims he frequents the neighborhood for dining and other activities and intends to return if accessibility is improved. The lawsuit asserts that the property is operated as a place of public accommodation under federal, state, and city law but does not meet required accessibility standards set forth by regulations such as Title III of the Americans with Disabilities Act (ADA), New York State Executive Law § 296, New York State Civil Rights Law § 40, and New York City Administrative Code § 8-107.
The complaint details several alleged violations: an inaccessible entrance due to a step without an accompanying ramp; lack of accessible routes connecting public sidewalks or arrival points; interior dining surfaces that do not provide required knee or toe clearance; and an insufficient number of accessible tables. Hunte contends these conditions violate specific ADA guidelines including those found in sections addressing accessible routes (§§ 206 and 402), entrances (§§ 206.4), doors (§§ 404), changes in level (§§ 303), dining surfaces (§§ 902), clear floor space (§§ 305), and knee/toe clearance (§§ 306).
Hunte further alleges that portions of the facility were altered after key dates requiring compliance with either the original or updated ADA Standards for Accessible Design but were not brought into conformity. He argues that making necessary modifications would be readily achievable without imposing undue hardship on defendants.
The legal filing includes four causes of action: violation of Title III of the ADA; violation of New York State Executive Law; violation of New York City Administrative Code; and violation of New York State Civil Rights Law. Hunte asserts that defendants’ actions have caused him emotional distress including humiliation, anxiety, stress, and ongoing deterrence from returning until changes are made.
In addition to declaratory relief confirming violations occurred, Hunte seeks injunctive relief ordering defendants to make their facility fully accessible or provide alternative methods where direct removal is not feasible. He requests compensatory damages for emotional harm suffered; punitive damages under city law provisions due to alleged willful disregard for rights; disgorgement of profits obtained through non-compliance; statutory penalties under state civil rights law; reasonable attorney’s fees; costs; expenses; and any further relief deemed appropriate by the court.
The case is represented by Gabriel A. Levy, P.C., with Gabriel A. Levy serving as attorney for Kai Hunte. The case identification number is Case No. 1:26-cv-2235.
Source: 126cv02235_Kai_Hunte_v_Cappone_Foods_Complaint_Southern_District_of_New_York..pdf
