Disabled salon patron urges ADA compliance

By Carol Ostrow | Aug 13, 2015

A disabled Orleans Parish man is suing a hair salon chain, alleging non-compliance with disability law in regard to impaired accessibility of the salon’s facilities.

Mitchell Miraglia filed a lawsuit July 28 against Supercuts Inc. in U.S. District Court of the Eastern District of Louisiana, alleging negligence regarding restroom facilities as recently as June.

According to the complaint, Miraglia is a quadriplegic affected by cerebral palsy and relies on the use of a wheelchair for mobility. The suit states that in June, when the plaintiff was a customer at the salon, 712 S. Carrollton Ave., New Orleans, an employee of Supercuts said there was no accessible restroom for disabled patrons at the property.

The suit states the defendant’s parent company published an annual report in 2014, which explicitly stated franchises are required to conform to certain operational policies and procedures. The plaintiff interprets this to mean the defendant is obligated to comply with the Americans with Disabilities Act (ADA).

According to the suit, the Supercuts franchise lacked an entrance ramp with proper handrails and sufficient clearance space under the lavatory. Additionally, the plaintiff criticized the excessive height of the lavatory and soap dispenser and the placement of the toilet handle on the wrong side of the stall.

Mitchell seeks declaratory and injunctive relief, pre- and post-judgment interest, attorney 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-03017-JCZ-KWR.

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