Louisiana Record

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Man alleges lack of accessibility at Subway sandwich shop

By The Louisiana Record | May 1, 2015

A Lafourche Parish man has sued Subway, alleging infringement of disability law.

Andrew Schlesinger of Thibodaux filed a lawsuit April 23 in U. S. District Court of the Eastern District of Louisiana against Doctor’s Associates Inc. (DAI) and Subway Real Estate Corp., citing violation of the Americans with Disability Act.

Schlesinger, who lives on campus at Nicholls State University, has spina bifida and requires a wheelchair for mobility. According to the complaint, a 2007 agreement requires Subway franchisees to make individual restaurants, including their restroom facilities, accessible to individuals with disabilities. The suit says Schlesinger experienced difficulty accessing the restroom facilities at the Subway at 4840 Highway 1, Raceland.

Specifically, the plaintiff cites architectural barriers including: lack of disabled parking spaces; inconveniently placed toilet flush controls and toilet paper dispensers; insufficient floor space near the urinal; trash can levers out of his reach; and lack of clearance space by the restroom exit.

The complaint states the ADA violations are easily remedied but have not been addressed. Schlesinger requests injunctive and declaratory relief via the court’s declaration that the property owned and/or leased by the defendants is in violation of the ADA.

Schlesinger seeks compensatory damages plus attorney fees and expert witness fees, expenses and costs. He is represented by attorneys Andrew D. Bizer and Garret DeReus of The Bizer Law Firm in New Orleans.

U.S. District Court of the Eastern District of Louisiana case number: 2:15-cv-01316-LMA-DEK.

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