A disabled individual is suing an Orleans Parish hotel alleging failure to comply with the Americans with Disabilities Act following a 2015 self-appointed inspection of the company’s swimming pool facilities.
Howard Cohan of Palm Beach County, Fla. sued St. Ann Lodging LLC, doing business as Bourbon Orleans Hotel, in the U.S. District Court of the Eastern District of Louisiana on July 23, alleging non-compliance with ADA in regard to premises accessibility in an undated 2015 experience.
According to the court filing, the defendant owns and operates a business located at 717 Orleans St. in New Orleans. The suit states that the plaintiff, who has spinal stenosis and requires a lift for access to pools and Jacuzzis, was denied full and equal access to the facilities because of his disability.
According to the suit, Cohan acts as a “tester” to discover and resolve cases of disability discrimination in public accommodations. The plaintiff alleges that he would like to return to the hotel to enjoy its amenities, but has been prevented from doing so; therefore, he claims that he continues to suffer from discrimination and injury due to the facility’s architectural barriers.
Cohan faults the hotel with failure to provide a means of entry for disabled individuals such as a pool lift chair, sloped entry, and transfer wall or platform.
Requesting declaratory and injunctive relief to make the hotel pool handicap-accessible, 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 2:15-cv-02889-SSV-JCW.