Carol Ostrow Jul. 24, 2015, 1:19pm


A Lafourche Parish resident filed suit against a Delaware-based restaurant chain alleging non-compliance with the Americans with Disabilities Act in connection with the plaintiff’s undated attempts to access the premises.

Andrew Schlesinger sued Checkers Drive-In Restaurants Inc., headquartered in Wilmington, Del., and doing business in Jefferson Parish, in the U.S. District Court of the Eastern District of Louisiana on July 17 alleging that the defendant’s restaurant is inaccessible to patrons with wheelchairs.

The suit states that Schlesinger, who is afflicted with spina bifida, must rely on a wheelchair for mobility. According to the suit, when the plaintiff attempted to visit the restaurant’s Harahan, location at 5300 Jefferson Highway, he encountered architectural barriers related to the curb ramp’s slope leading from the handicapped parking space to the facility, calling it excessively steep at several points on the property.

Additionally, Schlesinger asserts that the restroom door handle is too difficult to maneuver, requiring squeezing and tight grasping. Arguing that these barriers are out of compliance with disability law, the plaintiff seeks equal opportunity to participate in or benefit from the defendant’s goods and services which are offered to the public.

Requesting declaratory and injunctive relief to have the property altered for accessibility, the plaintiff seeks reimbursement for attorney’s and expert’s fees, expenses, and court costs. He is represented by Andrew Bizer and Garret DeReus of The Bizer Law Firm in New Orleans.

U.S. District Court of the Eastern District of Louisiana Case 2:15-cv-02686-SM-SS

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