A Florida resident is taking legal action against a business in Illinois, alleging violations of the Americans with Disabilities Act (ADA). On February 25, 2026, Howard Cohan filed a complaint in the United States District Court for the Northern District of Illinois against Kris Touhy Auto, Inc., doing business as BP. The lawsuit seeks to address alleged accessibility issues at a public accommodation in Skokie, Illinois.
According to the complaint, Howard Cohan, who resides in Palm Beach County, Florida, has numerous permanent disabilities that significantly limit his major life activities. These include severe spinal stenosis and various joint injuries. On July 21, 2025, Cohan visited the premises located at 5035 Touhy Avenue but was unable to fully access and enjoy the facilities due to alleged ADA violations. He claims that despite being a “bona fide patron,” he was denied full and equal access to services because of barriers that hindered accessibility for individuals with disabilities.
Cohan asserts that Kris Touhy Auto, Inc., as the operator and owner of the premises, has failed to comply with Title III of the ADA by not removing architectural barriers or providing necessary accommodations for disabled individuals. The complaint details specific violations within a unisex restroom on the property and issues related to ramp accessibility. Cohan emphasizes his intention to return to the premises once modifications are made and expresses his role as a “tester” dedicated to identifying and challenging discrimination against disabled individuals in public spaces.
The plaintiff seeks injunctive relief from the court, requesting an order for Kris Touhy Auto, Inc. to make necessary alterations to ensure compliance with ADA standards. Additionally, Cohan demands declaratory relief acknowledging the violations and asks for compensation covering attorneys’ fees and other litigation costs incurred during this legal pursuit.
Representing Howard Cohan is attorney Robert M. Kaplan from Law Offices of Robert M. Kaplan, P.C., based in Schaumburg, Illinois. The case is identified under Case No.: 1:26-cv-02156 and awaits further proceedings before judges assigned by the Northern District of Illinois court.
Source: 126cv02156_Howard_Cohan_v_Kris_Touhy_Complaint_Northern_District_of_Illinois.pdf
