A lawsuit claims that a local café is not accessible to people with disabilities, highlighting alleged failures to comply with federal, state, and city laws designed to ensure equal access to public spaces. The complaint was filed by Ashley Francis in the United States District Court for the Southern District of New York on March 5, 2026, naming Overseas Partnership Co., Inc. and Tinto LLC as defendants.
According to the court filing, Ashley Francis is a resident of New York who uses a wheelchair due to medical conditions that inhibit walking and restrict body movement. The complaint states that Francis lives about ten blocks from Tinto Café at 41 Monroe Street in the Two Bridges neighborhood and frequently travels near the establishment. Francis alleges that she cannot enter or enjoy the café because there is no wheelchair-accessible entrance due to several steps at the entryway.
The document outlines that both Overseas Partnership Co., Inc., which owns the property at 41 Monroe Street, and Tinto LLC, which operates Tinto Café as a tenant under a written lease agreement, are responsible for ensuring accessibility under Title III of the Americans with Disabilities Act (ADA), New York State Human Rights Law (NYSHRL), New York State Civil Rights Law, and New York City Human Rights Law (NYCHRL). The plaintiff claims that renovations performed in late 2025 and early 2026 did not bring the premises into compliance with these standards.
Francis alleges multiple architectural barriers exist throughout Tinto Café that prevent or restrict access for people with disabilities. These include an inaccessible entrance without ramps or lifts; lack of required signage indicating accessible routes; failure to provide accessible interior routes equivalent to those used by non-disabled customers; inaccessible sales counters; insufficient maneuvering clearance inside doorways; lack of accessible dining tables; and restrooms that do not meet accessibility guidelines. The complaint provides detailed references to specific sections of ADA regulations, city building codes, and accessibility standards allegedly violated by both defendants.
The plaintiff asserts that these conditions have resulted in her being denied “the opportunity to participate in or benefit from services or accommodations because of disability.” The complaint further states: “Defendants have not complied with their statutory obligation to ensure that their policies, practices, and procedures for persons with disabilities are compliant with the laws.”
In addition to claims under federal law, Francis brings causes of action under state and city human rights statutes. She argues that defendants’ actions constitute disparate treatment based on disability status by denying her equal opportunity to use their place of public accommodation. According to the filing: “Defendants discriminated against Plaintiff in violation of NYSHRL…by maintaining and/or creating an inaccessible place of public accommodation.” Similar allegations are made regarding violations of NYCHRL provisions prohibiting discrimination in places open to the public.
The lawsuit also includes a claim for common law negligence. It alleges that defendants negligently designed, constructed, operated, repaired, and maintained their premises in a manner unsafe for people with disabilities—resulting in bodily injury suffered by Francis.
Francis seeks multiple forms of relief from the court. She requests declaratory judgment confirming violations by defendants; permanent injunctions ordering closure until all legal violations are remedied; modifications of policies and physical alterations necessary for compliance; compensatory damages for emotional distress including humiliation and anxiety; punitive damages under city law; monetary penalties under state civil rights law; attorney’s fees; costs; expenses; and any other relief deemed appropriate by the court.
The case is being handled by Glen H. Parker of The Parker Law Group P.C., representing Ashley Francis as plaintiff’s counsel. The case identification number is 1:26-cv-01836.
Source: 126cv01836_Ashley_Francis_v_Overseas_Partnership_Complaint_Southern_District_of_New_York.pdf
