Jason Lenz, a resident of Louisiana and an individual with disabilities, has filed a lawsuit against two companies for failing to comply with the Americans with Disabilities Act (ADA) and the Louisiana Commission on Human Rights (LCHR). The complaint was filed in the United States District Court for the Eastern District of Louisiana on September 25, 2024. The defendants named in this case are Victory Berryland, L.L.C., and Palm Bay Investors, LLC.
According to the complaint, Jason Lenz is an amputee who uses a wheelchair for mobility. He alleges that during his visits to a property owned by the defendants—a strip mall located at 805 West Pine Street in Ponchatoula, Louisiana—he encountered significant barriers that hindered his access. Specifically, Lenz claims that the designated-accessible parking spaces at the property lack correctly sized access aisles, making it difficult for him to safely enter and exit his vehicle. Despite living within close proximity to this location and having a desire to continue visiting it for shopping purposes, these accessibility issues have prevented him from doing so comfortably.
The plaintiff argues that these barriers violate Title III of the ADA as well as state laws under the LCHR. "Upon information and belief," states Lenz's complaint, "the removal of discriminatory barriers is readily achievable." Furthermore, he accuses Victory Berryland and Palm Bay Investors of discriminating against him by denying full and equal enjoyment of goods and services due to these architectural obstacles.
Lenz seeks several forms of relief from the court: declaratory judgment stating that the property violates both federal and state disability laws; injunctive relief requiring modifications to make it accessible; compensatory damages under Louisiana law; as well as reimbursement for attorney fees incurred during litigation efforts.
Representing Jason Lenz are attorneys Andrew D. Bizer, Garret S. Dereus, and Eva M. Kalikoff from Bizer & DeReus LLC based out of New Orleans. The case identification number is 2:24-cv-02336 but does not yet list any presiding judges.