Louisiana Record

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Wheelchair bound man files ADA lawsuit against building owners

By The Louisiana Record | Jun 18, 2016

NEW ORLEANS — A wheelchair bound, paraplegic man is suing a local building owner claiming they violated the Americans With Disabilities Act and must remove barriers that prevented him from entering a Subway restaurant located in their building.

Stephen Carrier filed a complaint on May 20, in the U.S. District Court for the Eastern District of Louisiana against 3841 Veterans Boulevard Partnership alleging that the facility owner allegedly failed to remove discriminatory barriers to access its property.

According to the lawsuit, the plaintiff alleges that, on May 3, 2016, he visited the defendant's property to patronize a Subway restaurant. Carrier claims that if he were to try to visit the property, he would experience serious difficulty accessing the goods and utilizing the services offered therein due to the architectural barriers. The plaintiff holds 3841 Veterans Boulevard Partnership responsible because the defendant allegedly failed to provide an accessible-designated parking spaces, failed to modify the dangerously steep curb ramp which lacks side flairs or edge protection and failed to provide clear floor space in front of the Subway entrance.

The plaintiff requests a trial by jury and seeks declaration that the property owned, leased, and/or operated by defendant is in violation of the ADA, an order directing defendant to alter the property to make it accessible to and useable by individuals with mobility disabilities, attorneys’ fees, costs and expenses and for such other and further relief as it deems necessary, just and proper.

Carrier is represented by Andrew D. Bizer, Garret S. DeReus and Marc P. Florman of The Bizer law Firm in New Orleans.

U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-06648

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