Louisiana Record

Tuesday, October 15, 2019

Retail property owner faulted for alleged lack of accessibility

By Carol Ostrow | Aug 5, 2015

A disabled Lafourche Parish man is suing a Jefferson Parish business, alleging violations of disability law with regard to its premises.

Andrew Schlesinger of Thibodaux filed a lawsuit July 15 against Hopmar in U.S. District Court Eastern District of Louisiana, alleging infringement of the Americans with Disabilities Act (ADA) in regard to its physical property.

According to the complaint, Schlesinger, who lives on campus at Nicholls State University, has spina bifida and requires a wheelchair for mobility.

The suit states the defendant’s facility, at 5515 Pepsi St., Elmwood, is out of compliance with ADA because it is not wheelchair-accessible. Specifically, the plaintiff alleges infractions regarding the grade or slope of exterior curb ramps and ingress routes to the property.

According to the suit, Schlesinger requires access to the premises in order to patronize a specialty store which provides maintenance service for his wheelchair. The plaintiff alleges removal of discriminatory barriers is “readily achievable, reasonably feasible and easily accomplished.”

Schlesinger seeks declaratory and injunctive relief, interest, attorney and expert fees, expenses and court costs. He is represented by attorneys Andrew 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-02623-LMA-MBN.

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