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Saturday, June 15, 2024

Thaddeus Hardy Alleges ADA Violations by Gobert Properties

Federal Court
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Thaddeus Hardy Files ADA and LCHR Complaint Against Gobert Properties, LLC

On May 16, 2024, Thaddeus Hardy filed a complaint in the United States District Court for the Eastern District of Louisiana against Gobert Properties, LLC. The complaint seeks declaratory and injunctive relief, damages, attorneys’ fees, and costs under the Americans with Disabilities Act (ADA) and the Louisiana Commission on Human Rights (LCHR).

According to the court filing, Thaddeus Hardy is a paraplegic who relies on a wheelchair for mobility. He alleges that Gobert Properties, LLC owns Club Spades NOLA at 633 S. Roman St., New Orleans—a venue he has visited multiple times but found inaccessible due to architectural barriers. Hardy's complaint highlights that during his most recent visit on November 11, 2023, he faced significant difficulty entering the property because there was no ramp available to accommodate his wheelchair.

Hardy asserts that these barriers violate Title III of the ADA and provisions of the LCHR. "MR. HARDY continues to desire to visit the Property but will continue to experience serious difficulty due to the step-up into the Property with no ramp," states the complaint. Additionally, Hardy notes that he lives less than two miles from Club Spades NOLA and plans to return but fears encountering the same accessibility issues.

The plaintiff argues that removing these barriers is "readily achievable" and would not impose an undue burden on Gobert Properties, LLC. He further contends that doing so would provide him with equal access to enjoy food, drinks, and entertainment at Club Spades NOLA as other patrons do.

In addition to seeking compensatory damages for what he describes as discriminatory conduct by Gobert Properties, LLC under LA. REV. STAT. ANN. § 51:2247, Hardy also seeks injunctive relief compelling changes to make the property accessible per ADA standards. The lawsuit requests that the court order Gobert Properties to alter its premises accordingly and cover reasonable attorneys' fees and other related costs.

The case is being handled by Andrew D. Bizer and Garret S. DeReus of Bizer & DeReus, LLC—lawyers specializing in disability rights litigation. The case ID is 2:24-cv-01278-NJB-DPC.

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