Big Lots sued by blind customer who was allegedly ejected for bringing in service dog

GRETNA – A corporate retailer is being sued under the Americans with Disabilities Act and for personal injuries a blind woman claims she received when she was kicked out of its Metairie store for bringing in her service dog.

Robin Weeks filed suit against Big Lots Stores Incorporated, Steve McMillian and their insurer in the 24th Judicial District Court on Nov. 18.

Weeks, who is blind and uses a service dog that accompanies her everywhere, alleges she was shopping at the Big Lots located at 755 Veterans Memorial Blvd, in Metairie on Nov. 18, 2012 when McMillian, an employee of the store, approached her and followed her around the store using explicit language telling her to get her dog out of the store. The plaintiff claims that she warned store employees when she entered the store that she had a service dog with her. Weeks asserts that she reiterated to McMillian that she needed the dog due to her disability and that when she began to record the incident on her phone he knocked it out of her hand, hitting her in the process and falling on top of her before forcefully throwing her and her dog out of the store.

The defendant is accused of failing to properly educate and train employees and violating the Americans with Disabilities Act.

An unspecified amount in damages is sought for personal physical damages, mental anguish, emotional distress, disability and medical expenses as well as physical damage and emotional trauma to her dog.

Weeks is represented by Neil Montgomery of the Destrehan-based The Montgomery Firm LLC.

The case has been assigned to Division M Judge Henry G. Sullivan Jr.

Case no. 732-990.