A lawsuit has been filed alleging that a local restaurant operator is failing to provide accessible facilities for people with disabilities, highlighting claims of ongoing noncompliance with federal, state, and city laws meant to guarantee equal access. The complaint was submitted by Patrick Austin in the United States District Court for the Southern District of New York on February 26, 2026, naming Lira of New York, Inc., doing business as Luke’s Bar & Grill, and 1394 Housing Corp. as defendants.
According to the filing, the plaintiff asserts that he uses a wheelchair due to a severe spinal injury and nerve palsy that significantly restrict his mobility. He claims that when he attempted to visit the restaurant located at approximately 1394 Third Avenue in New York City on October 2, 2025, he was unable to enter or use its services because of various architectural barriers. These barriers allegedly caused him embarrassment and humiliation.
The complaint outlines several specific obstacles at the premises including an inaccessible entrance due to steps without a required ramp, lack of accessible dining tables and bar areas with proper knee and toe clearance or compliant heights, noncompliant restroom signage and fixtures such as door locks requiring twisting of the wrist, insufficient insulation under lavatories, and missing grab bars in restrooms. The plaintiff states: “The presence of these barriers caused plaintiff embarrassment and humiliation.” He further alleges that these conditions have deterred him from returning but expresses his intention to do so once accessibility is improved.
The legal action cites violations of Title III of the Americans with Disabilities Act (ADA), which requires places of public accommodation to be accessible to individuals with disabilities. It also references related provisions under New York State Executive Law § 296, New York State Civil Rights Law § 40, and New York City Administrative Code § 8-107. The complaint argues that both property owners and tenants are jointly responsible for ensuring compliance: “Both the property owner and the tenant of a place of public accommodation are jointly and severally liable under 28 C.F.R. § 36.201(b).”
Austin alleges that after January 1992—when relevant accessibility standards took effect—the defendants undertook alterations at or adjacent to the premises but failed to make those areas fully accessible as required by law. He claims these failures violate not only federal ADA standards but also city building codes such as Local Law 58 and the 2014 New York City Construction Code.
In addition to architectural issues, Austin accuses the defendants of not adopting policies or practices necessary for compliance with accessibility requirements or providing reasonable accommodations or modifications for disabled patrons. He maintains that this amounts to a pattern or practice of discrimination: “By maintaining an inaccessible facility, defendants have conveyed to individuals with disabilities that they are unwelcome.”
The lawsuit seeks multiple forms of relief from the court. Austin requests declaratory judgment stating that defendants have violated relevant statutes; a permanent injunction ordering them either to close until all violations are remedied or submit a plan for compliance; compensatory damages; punitive damages specifically under city law; disgorgement of any profits gained by operating an inaccessible establishment; attorney’s fees; costs; expenses; and any other relief deemed appropriate by the court.
Austin’s counsel is Gabriel A. Levy of Gabriel A. Levy P.C., based in Manhasset, New York. The case is identified as Case No. 1:26-cv-1682.
Source: 126cv01682_Patrick_Austin_v_Lira_of_New_york_Complaint_Southern_District_of_New_York .pdf
