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Keira Davis alleges FlixBus violated ADA over discriminatory travel policy

LOUISIANA RECORD

Thursday, November 21, 2024

Keira Davis alleges FlixBus violated ADA over discriminatory travel policy

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

Keira Davis, a Louisiana resident with a disability, has filed a lawsuit against FlixBus, Inc., 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 November 1, 2024. Davis accuses FlixBus of discriminatory practices after she was denied passage on a bus from New Orleans to Houston because she was not accompanied by a companion.

The case revolves around an incident that occurred on October 23, 2024. Keira Davis, who is paralyzed and uses a wheelchair due to a gunshot wound, attempted to travel from New Orleans to Houston using FlixBus's services. Despite having used this service multiple times without issue, Davis was informed by the bus driver that company policy required her to have a companion due to her disability. When Davis objected, citing her previous unaccompanied travels and the instructions on FlixBus's website that did not necessitate such an accompaniment if her wheelchair could be stored in the luggage compartment, she was still denied access. This led to further humiliation as security and local police were called.

Davis argues that FlixBus failed to provide reasonable accommodations as mandated by both federal and state laws. According to the ADA, transportation services cannot deny individuals with disabilities access if they are capable of using those services independently. Furthermore, entities like FlixBus are prohibited from requiring disabled individuals to travel with an attendant unless absolutely necessary. The plaintiff contends that these legal provisions were violated when she was barred from traveling without a companion.

In addition to seeking declaratory and injunctive relief to prevent future occurrences of such discrimination, Davis is pursuing compensatory damages for emotional distress and mental anguish caused by this incident. She also requests modifications in FlixBus's policies and practices to ensure compliance with ADA standards and equal accessibility for all passengers regardless of their mobility challenges.

Representing Keira Davis 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-02592 but does not yet list specific judges overseeing it.

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