McDonald's, Domino's, and Church's Chicken sued over alleged lack of accessibility

Michelle Keahey Nov. 1, 2011, 10:58am

A woman with spina bifida has filed a lawsuit against several New Orleans fast food restaurants on claims they violated the Americans with Disabilities Act by being inaccessible or having significant architectural barriers for individuals with disabilities.

Tasha Herbert is suing owners of Church's Chicken Restaurant located on St. Claude Avenue, McDonald's Restaurant also located on St. Claude Avenue and Domino's Pizza located on Franklin Avenue in New Orleans.

She filed three separate suites on Oct. 11 in the Eastern District of Louisiana.

In one complaint, Herbert states that Church's Chicken has toilet stalls that are an improper size arrangement, with improper height of the mirrors and grab-bars. The restaurant's counters also exceed 36" allegedly in violation of the ADA.

McDonald's is accused of having a ramp that is not level or has an excessive slope and restroom grab-bars that are at an improper height.

Herbert accuses all the restaurants of not having van accessible spaces for disabled use, no compliant accessible route from the parking area to the restaurant and parking spaces that are not properly marked, including signs at improper heights.

In each case, Herbert is asking the Court to enter an order directing the restaurant to alter the facility to make it accessible and for an award of attorney's fees and court costs.

Herbert is represented by Andrew D. Bizer of The Bizer Law Firm in New Orleans.

Case Nos. 2:11-cv-02553; 2:11-cv-02557; 2:11-cv-02558

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