Barriers at a Times Square gift shop have led to a legal complaint alleging that individuals who use wheelchairs are being denied equal access to goods and services required by law. The lawsuit was filed by Graciela Doncouse in the United States District Court for the Southern District of New York on March 6, 2026, naming Gotham Elite Inc. and 767 8th Avenue LLC as defendants.
According to the complaint, Doncouse is a paraplegic who uses a wheelchair for mobility and resides in New York County. She claims that on July 16, 2025, she attempted to enter the defendants’ premises—a specialty souvenir store located at 767 8th Avenue—but was unable to do so due to two steps at the entrance. The filing states that these steps constitute an architectural barrier preventing access and restricting paths of travel into the store. “Because the existing barriers prevent access and restrict the paths of travel… Plaintiff was unable to enter Defendants’ Premises,” reads one section of the complaint.
The lawsuit alleges that both Gotham Elite Inc., described as a domestic business corporation, and 767 8th Avenue LLC, identified as a foreign limited liability company, own or control all or relevant portions of the property in question. The plaintiff asserts that both companies are jointly responsible under Title III of the Americans with Disabilities Act (ADA), as well as under New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL). According to court documents, “Defendants’ Premises is a public accommodation as defined by the ADA… because it provides goods and services to the public and is required to comply with” applicable laws.
Doncouse’s complaint outlines several alleged violations beyond just inaccessible entryways. It lists lack of accessible merchandise displays, service counters higher than permitted by ADA standards (specifically more than thirty-four inches from the floor), inadequate signage throughout the commercial space, absence of safe emergency egress routes, and failure to implement policies ensuring accessibility for disabled individuals. The plaintiff claims these conditions persist despite previous renovations or modifications made after January 26, 1990—the date after which stricter accessibility requirements apply.
The suit further alleges that Doncouse has been deterred from returning to shop at this location due to ongoing barriers: “Plaintiff continues to reside in New York and desires to visit Defendants’ Premises in the future but continues to be injured by Defendants’ failure to remove the barriers.” The filing contends that these issues not only violate federal law but also constitute unlawful discriminatory practices under city and state statutes.
Legal arguments presented in the document emphasize joint liability between owners and lessees for public accommodations under relevant laws. The plaintiff requests several forms of relief from the court: declaratory judgment finding defendants in violation; permanent injunctions requiring immediate alterations for compliance; provision of auxiliary aids or policy modifications; possible closure of premises until compliance is achieved; compensatory damages; punitive damages where applicable; disgorgement of profits derived during periods of non-compliance; statutory fines; attorney fees; costs; expenses; and any other relief deemed appropriate by the court.
The complaint notes that some violations may only be fully identified after an inspection takes place: “To avoid fragmentary litigation, Plaintiff requires a full inspection… As such, notice is therefore given that Plaintiff intends to amend the Complaint to include any violations discovered during an inspection.” Additionally, it asserts that removal of barriers is readily achievable but has not yet occurred.
Bradly G. Marks of The Marks Law Firm PC represents Graciela Doncouse in this matter. The case is identified as Civil Action No. 1:26-cv-1880.
Source: 126cv01880_Graciela_Doncouse_v_Gotham_Elite_Complaint_Southern_District_of_New_York .pdf
