M. Claudia Garofalo, a paraplegic resident of New Orleans, has filed a lawsuit against the owners and operators of Lilette restaurant, alleging violations of 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 October 11, 2024, targeting Ruppert Kohlmaier Jr., Joy W. Kohlmaier, and Harris Cuisine LLC.
Garofalo's lawsuit centers around her experiences at Lilette, located at 3637 Magazine Street in New Orleans. As someone who requires a wheelchair for mobility due to a spinal cord injury, Garofalo claims that she encountered significant barriers when attempting to access the restaurant. Her complaint details difficulties such as an entrance step without a ramp and narrow hallways leading to restrooms that prevent wheelchair access. Despite speaking with staff who acknowledged these issues, no changes have been made to accommodate individuals with disabilities.
According to Garofalo's legal team from Bizer & DeReus LLC, these barriers constitute discrimination under both federal and state laws designed to protect individuals with disabilities. "The defendants are obligated to comply with the ADA and LCHR," states the complaint, which accuses them of failing to provide equal access to their services. The plaintiff argues that these violations are not only ongoing but also easily rectifiable without imposing undue burden on the defendants.
Garofalo seeks several forms of relief from the court: declaratory judgment recognizing the ADA and LCHR violations; injunctive relief mandating modifications for accessibility; compensatory damages for discrimination suffered; and coverage of attorney fees and related costs. Her case underscores broader issues regarding compliance with disability rights legislation in public accommodations.
Representing Garofalo are attorneys Andrew D. Bizer, Garret S. DeReus, and Eva M. Kalikoff from Bizer & DeReus LLC. The case is identified as Case No.: 2:24-cv-02454 in front of an unspecified judge within the Eastern District of Louisiana.