Quadriplegic sues Cold Stone Creamery alleging lack of accessibility

By Carol Ostrow | Aug 19, 2015

A disabled consumer is suing an Arizona-based ice cream store and its owner alleging discrimination in regard to an undated series of attempts to patronize the defendant’s retail store in New Orleans.

Mitchell Miraglia sued Cold Stone Creamery Inc., doing business in Louisiana, and Charles G. Glaser in the U.S. District Court of the Eastern District of Louisiana on Aug. 14 alleging non-compliance with federal accessibility law.

According to the complaint, Miraglia, a quadriplegic with cerebral palsy, relies on a wheelchair for mobility and has encountered difficulty accessing the defendant’s location at 622 S. Carrollton Ave. in New Orleans, owned and leased by Glaser.

The suit states that the plaintiff was unable to access the goods or utilize the services offered at the property due to architectural barriers including a set of three wheelchair-inaccessible steps outside the building and a set of four wheelchair-inaccessible steps inside the building.

According to the suit, the store is out of compliance with the Americans with Disabilities Act because it contains barriers to the plaintiff. Miraglia contends that removal of the barriers should be easily accomplished; and that if those alterations are unfeasible, that the defendant should provide him with the same goods and services available to non-disabled consumers, including curbside service and/or home delivery.

Requesting declaratory and injunctive relief, attorneys' and expert fees, expenses, and court costs, the plaintiff is represented by Andrew Bizer and Garret DeReus of The Bizer Law Firm in New Orleans.

U.S. District Court of the Eastern District of Louisiana Case 2:15-cv-03488-EEF-JCW

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