ADA
REPRESENTATIVE CASES
- A disabled quadriplegic went to a restaurant to meet his friends accompanied by his service dog. Defendant restaurant refused to allow him to enter the restaurant with his service dog. Plaintiff sued the restaurant for violations of the American Disabilities Act.
- A disabled quadriplegic visited defendant’s strip club in celebration of a friend’s bachelor party. Although the club permitted him to enter the establishment, they refused to accommodate him when he attempted to engage in another room/stage of the club claiming they could not accommodate his kind of disability. Plaintiff sued the strip club for violation of the American Disabilities Act.
- A boy who was born with a physical disability causing disfigured arms, visited defendant amusement park with his teacher and friends from school. When plaintiff attempted to ride defendant’s roller coaster, defendant refused to let him ride because he allegedly could not hold onto the restraining bar. The boy’s teacher informed the attendant that he could, in fact, hold on. The attendant refused, and when plaintiff spoke with the office, was further refused. Plaintiff, who during the suit against the amusement park, demonstrated his agility and ability to throw a frisbee. As a result of plaintiff’s lawsuit, the amusement park changed its policy and procedures, and implemented safety harnesses that are appropriate for individuals with similar kinds of disabilities.
- A quadriplegic photographer visited defendant art museum to see a particular exhibit. Defendant refused to permit plaintiff to enter the exhibit claiming his wheelchair would dirty the floor. Defendant called security guards and humiliated the plaintiff in front of other patrons. Plaintiff sued defendant for violating his rights under the American’s with Disabilities Act.
- Plaintiff attended a show at a small theater that lacked handicap seating and was unable to accommodate her wheelchair. Defendant theater placed plaintiff on a sloping aisle behind individuals who stood in front of her and blocked her view of the play. Defendant asserted it was structurally impractical to make changes to the theater that would have reasonably accommodated her wheelchair. Plaintiff introduced expert testimony showing the opposite.
- In litigating a deliberate denial of access of plaintiff’s service dog to a restaurant facility, defendants franchisor and franchisee hotly contested who was liable for the discriminatory act. The operator of the establishment litigated the case aggressively and filed a motion for summary judgment, which was successfully opposed.
- Defendant retail establishment refused to permit plaintiff, a child with a physical disability, to enter its childcare area. Complicating the matter were claims of associational liability claims for damages for the child’s relatives, as well as defendant’s assertion that the requested injunctive relief would create a “fundamental alteration” to its business. Nevertheless, plaintiff achieved recovery and a change in defendant’s policy.
- Plaintiff while visiting a major event venue was forced to travel on unpaved pathways and outdoor areas to get to his destination. Plaintiff’s wheelchair caught on objects on the unpaved pathways and outdoor areas, causing his wheelchair to become mired in mud and immoveable. Plaintiff sustained injuries and damages. Plaintiff brought an action under the American’s with Disabilities Act for lack of proper access to the Venue.