A lawsuit filed in federal court claims that two restaurant locations failed to provide required accessibility for people with disabilities, citing multiple alleged violations of the Americans with Disabilities Act. The complaint was brought by Howard Cohan on March 20, 2026, in the United States District Court for the Northern District of Illinois against Noodles & Company d/b/a Noodles & Company – Illinois, Inc.
According to the filing, Cohan is a resident of Florida who frequently travels to Illinois and has visited the Noodles & Company restaurants located at 900 Milwaukee Ave., Lincolnshire, and 15 Danda Square East, Wheaton. The complaint states that both locations are public restaurants and therefore considered places of public accommodation under federal law.
Cohan reports that he has several permanent disabilities including severe spinal stenosis, nerve root compromise, shoulder injuries, knee injuries, and arthritis. These conditions cause pain and limit his mobility and ability to perform major life activities such as lifting, reaching, bending, stretching, and twisting. As a result of these limitations, Cohan asserts he qualifies as an individual with a disability under the Americans with Disabilities Act (ADA).
The complaint details visits made by Cohan to the Lincolnshire location on October 10, 2024 and to the Wheaton location on July 23, 2025. During these visits, Cohan alleges he was denied full and equal access to restrooms and seating areas due to architectural barriers that did not comply with ADA standards. Specific issues cited include restroom doors requiring excessive force to open; insufficient clear floor space around toilets; lack of proper insulation or protection for plumbing under sinks; improperly installed grab bars; toilet paper dispensers placed at inaccessible heights or positions; coat hooks outside required reach ranges; soap dispensers installed too high; baby changing tables at incorrect heights; and seating areas lacking adequate clear floor space for wheelchair users.
The filing lists numerous sections of the ADA Accessibility Guidelines (ADAAG) allegedly violated at both restaurant locations. For example, it cites violations such as “providing a gate or door with a continuous opening pressure of greater than 5 lbs.” and “failure to provide sufficient clear floor space around a water closet which does not allow for any obstructing elements in this space.”
Cohan claims these barriers directly injured him by denying him “full and equal access” enjoyed by able-bodied patrons. He further alleges that these conditions caused personal humiliation because they persisted long after the ADA became law in 1991 and following amendments in 2010. The complaint also notes that Cohan acts as a “tester,” visiting public accommodations specifically to assess compliance with disability access laws.
The lawsuit argues that Noodles & Company is responsible for ensuring its facilities comply with ADA requirements as owner or operator of both properties. It asserts that if either location existed before January 26, 1992—the effective date for certain ADA provisions—the company had an ongoing obligation to remove architectural barriers where removal was readily achievable. For portions constructed after January 26, 1993, it contends there was an obligation from inception to ensure accessibility.
Cohan’s suit asks the court for declaratory relief stating that both restaurants are in violation of the ADA. He seeks injunctive relief requiring Noodles & Company to alter its premises so they are accessible and usable by individuals with disabilities “to the full extent required by Title III of the ADA.” The complaint also requests an order directing the company to review its policies toward persons with disabilities during corrective efforts.
Additionally, Cohan seeks reasonable attorneys’ fees along with costs—including court costs and expert fees—and any other relief deemed appropriate by the court.
The case was filed by attorney Marshall J. Burt of The Burt Law Group Ltd., based in Chicago. The case number is 1:26-cv-03136.
Source: 126cv03136_Howard_Cohan_v_Noodles_&_Company_Complaint_Northern_District_of_Illinois.pdf
