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LOUISIANA RECORD

Friday, March 29, 2024

Man alleges difficulty accessing Birdie's Food & Fuel because of barriers to disabled patrons

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NEW ORLEANS – A St. John the Baptist Parish man alleges a LaPlace gas station contains barriers that restrict access to the disabled.

Wayne Gilmore filed a complaint on March 21 in the U.S. District Court for the Eastern District of Louisiana against Robert R. Crais, doing business as Birdie's Food & Fuel, alleging that the gas station operator violated Title III of the Americans with Disabilities Act.

According to the complaint, the plaintiff alleges that during his visits at defendant's premises, he experienced serious difficulty accessing the goods and utilizing the services therein. He alleges he was denied services, segregated or otherwise treated differently than other individuals because of his disability. The plaintiff holds Crais responsible because the defendant allegedly failed to make reasonable modifications in its policies, practices or procedures, when such modifications are necessary.

The plaintiff requests a trial by jury and seeks an order directing defendant to alter the facility to make it accessible to and useable by individuals with disabilities and to evaluate and neutralize its policies, practices and procedures towards persons with disabilities, award for attorney's fees, costs and such other and further relief. He is represented by Georgianne Sims of Ku & Mussman PA in Pembroke Pines, Florida.

U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-02325

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