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Plaintiff Alleges Convenience Store Chain Violated Disability Access Laws

LOUISIANA RECORD

Tuesday, November 26, 2024

Plaintiff Alleges Convenience Store Chain Violated Disability Access Laws

Federal Court
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U.S. District Court for the Western District of Louisiana | Official website

A Louisiana resident has taken legal action against a major convenience store chain, alleging violations of disability rights laws. Daniel Todd filed a complaint on November 15, 2024, in the United States District Court for the Western District of Louisiana against Circle K Stores Inc., accusing the company of failing to comply with the Americans with Disabilities Act (ADA) and the Louisiana Commission on Human Rights (LCHR).

The lawsuit centers around Todd's experiences at a Circle K location in Alexandria, Louisiana. According to the complaint, Todd is a qualified individual with a disability under both federal and state law, as he is missing a leg and requires a wheelchair for mobility. The plaintiff claims that during his visits to the Circle K property located at 730 MacArthur Drive, he encountered several architectural barriers that prevented him from accessing the premises fully. These barriers included improperly located accessible parking spots, impermissible cross-slopes on accessible routes, and narrow pathways obstructed by an ice machine.

Todd argues that these conditions constitute discrimination under Title III of the ADA and LCHR statutes because they deny him full and equal enjoyment of goods and services offered at public accommodations. "Upon information and belief," Todd alleges that Circle K has not remedied these barriers despite their removal being "readily achievable" without undue burden on the defendant.

In his complaint, Todd seeks multiple forms of relief from the court. He requests declaratory judgment stating that Circle K's property violates both ADA and LCHR requirements. Additionally, he asks for injunctive relief directing Circle K to make necessary alterations to ensure accessibility for individuals with mobility disabilities. Furthermore, Todd seeks compensatory damages under LCHR provisions for what he describes as discriminatory conduct by Circle K.

The case underscores ongoing challenges faced by individuals with disabilities in accessing public spaces despite existing legal protections. It also highlights potential financial implications for businesses found non-compliant with accessibility standards.

Representing Daniel Todd are attorneys Andrew D. Bizer, Garret S. DeReus, and Eva M. Kalikoff from Bizer & DeReus LLC based in New Orleans. The case was filed under Case ID 1:24-cv-01576 in front of an unspecified judge.

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