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Plaintiff Daniel Todd alleges fast food operators violated ADA

LOUISIANA RECORD

Wednesday, December 4, 2024

Plaintiff Daniel Todd alleges fast food operators violated ADA

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

Daniel Todd, a Louisiana resident with a disability, 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 Western District of Louisiana on November 18, 2024, targeting J.F. Partner’s, L.L.C., and B & G Food Enterprises, LLC.

The lawsuit stems from alleged architectural barriers at a Taco Bell restaurant located at 626 MacArthur Drive in Alexandria, Louisiana. According to the complaint, Todd is substantially impaired in major life activities due to his disability—he is missing a leg and requires a wheelchair for mobility. Despite living nearby in Winnfield, Todd claims he has been deterred from visiting the property because of these barriers. He asserts that his rights under Title III of the ADA and LCHR have been violated as the property fails to provide full access to individuals with disabilities.

Todd's legal action highlights specific violations such as cracked access aisles serving designated-accessible parking spaces, impermissible changes in level from parking lots to curb ramps, and cross-slopes on accessible routes leading to the property’s entrance. The plaintiff contends that these issues are not only discriminatory but also readily fixable without imposing undue burden on the defendants.

In addition to seeking declaratory and injunctive relief to ensure compliance with accessibility laws, Todd demands compensatory damages for injuries sustained due to what he describes as "deliberate indifference" by the defendants. He is also pursuing attorneys’ fees and costs associated with bringing this lawsuit forward.

The case underscores ongoing challenges faced by individuals with disabilities in accessing public accommodations. Todd argues that despite repeated visits to Alexandria for medical treatments and other needs, he remains unable to enjoy services at this particular Taco Bell location due to non-compliance with federal and state laws designed to protect people like him.

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 is being overseen by an unnamed judge under Case ID 1:24-cv-01579.

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