NEW ORLEANS – A disabled person is suing the city of New Orleans City, alleging that the Kenilworth Playground has architectural barriers that prevented her from fully using the property.
Tasha Herbert filed a complaint on April 6 in the U.S. District Court for the Eastern District of Louisiana against New Orleans City alleging violation of the Americans with Disabilities Act.
According to the complaint, the plaintiff alleges that she encountered architectural barriers at the playground and experienced serious difficulty utilizing the accommodations offered at the property. The plaintiff holds New Orleans City responsible because the defendant allegedly failed to perform alternations to the property and failed to bring the existing architectural elements in compliance with the requirements of the ADA and discriminated against her by excluding and/or denying her the benefits of its services, programs and/or activities.
The plaintiff requests a trial by jury, an order directing defendant to alter the property to make it accessible to and useable by individuals with mobility disabilities, an award for damages for her emotional distress, preliminary and permanent injunctive relief against defendant, an order directing defendant to alter and modify the property to make it ADA compliant, attorneys’ fees, costs and expenses and such other relief as the court may deem just and proper. She is represented by Andrew D. Bizer and Garret S. DeReus of The Bizer Law Firm in New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-02870