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LOUISIANA RECORD

Thursday, September 19, 2024

Plaintiff accuses restaurant owner and operator of ADA violations

Federal Court
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Plaintiff Lynette Bech has filed a complaint against Numone Holdings LLC and The Pink Agave of Covington LLC. The complaint was lodged in the United States District Court for the Eastern District of Louisiana on May 20, 2024.

Lynette Bech, represented by her attorneys from Bizer & DeReus, LLC, claims that both defendants have violated the Americans with Disabilities Act (ADA) and the Louisiana Commission on Human Rights (LCHR). Bech, who suffers from Osteogenesis Imperfecta and relies on a motorized wheelchair for mobility, alleges that she faced significant barriers when attempting to access The Pink Agave restaurant located at 129 E. Pine Street, Ponchatoula, LA 70454. According to the complaint, during her visit in April 2024 for the Ponchatoula Strawberry Festival, Bech encountered a step-up at the entrance and a dangerously steep ramp leading to outdoor seating, which made it extremely difficult for her to enter and navigate the premises.

The lawsuit states that these architectural barriers are in direct violation of Title III of the ADA and LCHR statutes. Bech's counsel argues that such barriers deny her full and equal enjoyment of goods, services, facilities, privileges, advantages, and accommodations offered by the restaurant. "Removal of these discriminatory barriers is readily achievable," asserts Bech's legal team in their filing. They further contend that compliance would not impose an undue burden on the defendants.

Bech seeks several forms of relief from the court. She requests declaratory judgment stating that the property violates ADA and LCHR regulations. Additionally, she demands injunctive relief compelling Numone Holdings LLC and The Pink Agave of Covington LLC to make necessary alterations to ensure accessibility for individuals with mobility disabilities. Furthermore, Bech seeks compensatory damages under LCHR provisions for injuries sustained due to discriminatory practices. She also requests reasonable attorneys' fees, costs including expert fees, and other expenses incurred during litigation.

The case is being handled by Judge Nannette Jolivette Brown with Magistrate Judge Erin Wilder-Doomes overseeing procedural matters. The case identification number is 2:24-cv-01314-NJB-EJD.

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