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Louisiana Resident Alleges Healthcare Facility Violated Disability Rights

LOUISIANA RECORD

Friday, November 22, 2024

Louisiana Resident Alleges Healthcare Facility Violated Disability Rights

Federal Court
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Nannette Jolivette Brown, Chief Judge at USDC Eastern District Louisiana | https://www.ali.org/

A Louisiana resident is taking legal action against a prominent healthcare organization, alleging violations of disability rights laws. On September 27, 2024, Jason Lenz filed a complaint in the United States District Court for the Eastern District of Louisiana against Ochsner Clinic Foundation and OCF Medical Facilities III, Inc. The lawsuit claims that these entities have failed to comply with the Americans with Disabilities Act (ADA) and the Louisiana Commission on Human Rights (LCHR), thereby discriminating against individuals with disabilities.

Jason Lenz, an amputee who uses a wheelchair, has accused Ochsner Clinic Foundation and its associated entity of failing to provide adequate accessible parking spaces at their medical facility located at 41676 Veterans Avenue in Hammond, Louisiana. According to the complaint, Lenz visited this property on May 20, 2024, and experienced significant difficulty accessing it due to insufficient designated-accessible parking spaces. He asserts that these barriers prevent him from having equal access to medical services offered at the facility. The plaintiff contends that despite being aware of these issues, the defendants have not taken necessary steps to rectify them.

The lawsuit highlights specific alleged violations under federal and state law. Under Title III of the ADA and corresponding regulations such as 28 C.F.R. § 36.302 et seq., public accommodations are required to remove architectural barriers where it is readily achievable to do so. Lenz argues that removing these barriers is both feasible and would not impose an undue burden on the defendants. Furthermore, he claims that by failing to make their facilities fully accessible, Ochsner Clinic Foundation and its affiliate are denying him full enjoyment of goods and services available to the general public—a violation of LA. REV. STAT. ANN. § 51:2247 under LCHR.

Lenz seeks several forms of relief from the court including declaratory judgment stating that the defendants' property violates ADA and LCHR provisions; injunctive relief compelling them to modify their facilities accordingly; compensatory damages for discrimination endured; as well as coverage for attorneys’ fees incurred during litigation.

Representing Jason Lenz in this case 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-02351 but does not yet list a presiding judge or magistrate.

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