A Louisiana man has filed a lawsuit against a local business owner, alleging violations of the Americans with Disabilities Act (ADA) and the Louisiana Commission on Human Rights (LCHR). The complaint was filed by Jason Lenz in the United States District Court for the Eastern District of Louisiana on September 16, 2024, against Patricia Linn Carter Scherer.
According to court documents, Jason Lenz, an amputee who uses a wheelchair, claims that he faced significant barriers when attempting to access an ice cream and sweets shop owned by Patricia Linn Carter Scherer at 195 West Pine Street in Ponchatoula, Louisiana. Lenz alleges that during his visit in July 2024, he was unable to enter the property due to a step-up at the entrance without a ramp. This forced him to remain outside while his wife and children enjoyed their visit inside. "Mr. Lenz 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.
The plaintiff asserts that these conditions violate Title III of the ADA and corresponding state laws under the LCHR. Specifically, Lenz accuses Scherer of failing to remove architectural barriers that impede access for individuals with disabilities. The complaint outlines that such barriers include not only the step-up at the entrance but potentially other mobility-related obstacles yet to be identified through a complete inspection. "Upon information and belief, all barriers to access and ADA violations still exist and have not been remedied or altered in such a way as to effectuate compliance with the provisions of the ADA," it further alleges.
Jason Lenz is seeking declaratory and injunctive relief from the court, requesting an order directing Scherer to make necessary alterations to ensure accessibility as required by law. Additionally, he seeks compensatory damages for what he describes as discriminatory conduct resulting from deliberate indifference on Scherer's part. The lawsuit also demands reasonable attorneys' fees, costs including expert fees, and other expenses incurred during litigation.
Representing Jason Lenz are attorneys Andrew D. Bizer, Garret S. DeReus, and Eva M. Kalikoff from Bizer & DeReus LLC based in New Orleans. The case has been assigned Case ID 2:24-cv-02255.