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LOUISIANA RECORD

Saturday, April 20, 2024

Disabled man claims hotel pool is out of ADA compliance

Swimming pool lane

A disabled individual is suing an Orleans Parish hotel alleging non-compliance with the ADA in connection with the plaintiff’s attempts to access the premises.

Howard Cohan of Palm Beach County, Fla. sued CHSP French Quarter LLC, doing business as W New Orleans French Quarter, on July 24 in the U.S. District Court of the Eastern District of Louisiana, alleging non-compliance with the Americans with Disabilities Act in regard to premises accessibility in an undated 2015 encounter.

According to the complaint, the defendant operates a business at 316 Chartres St. in New Orleans. The suit states that because the plaintiff has spinal stenosis which causes a neurological deficit, he requires a lift for access to pools and Jacuzzis.

The plaintiff claims that the defendant has failed to provide a means of entry for disabled individuals such as a ramp for office entry, a lift chair and sloped entry for the swimming pool, and level pathways and surfaces and that he has been denied full and equal access to the facilities because of his physical disability.

Cohan alleges that he would like to return to the hotel to enjoy its services and amenities, but can only do so if the defendant makes structural alterations.

He seeks declaratory and injunctive relief to make the hotel pool handicap-accessible and “neutralize” its policies towards persons with disabilities, along with attorney’s fees, expenses, and court costs. The plaintiff is represented by J. Stuart Kirwan III of Kaplan Sconzo & Parker in Palm Beach Gardens, Fla..

U.S. District Court of the Eastern District of Louisiana case number 2:15-cv-02927-LMA-JCW.

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