A recent lawsuit has been filed in the United States District Court for the Western District of Louisiana, challenging the accessibility of public sidewalks in a Louisiana city. Annette Tyler, a resident of Opelousas, filed the complaint on December 18, 2024, against the City of Opelousas, the Louisiana Department of Transportation and Development (DOTD), and Joe Donahue in his official capacity as Secretary of DOTD.
Annette Tyler alleges that numerous intersections in downtown Opelousas lack ADA-compliant curb ramps, forcing her to navigate her wheelchair on streets instead of sidewalks. This situation not only poses a significant risk to her safety but also potentially subjects her to legal penalties under Louisiana law for using roadways where sidewalks are available. The lawsuit references a Master Plan adopted by the Opelousas Downtown Development District on June 25, 2021, which included recommendations for an ADA audit and sidewalk improvements within short-term goals. Despite these plans being approved by the Opelousas City Council on August 10, 2021, Tyler claims no action has been taken towards achieving ADA compliance.
Tyler's efforts to address these issues began with a public records request submitted on June 24, 2024, seeking information about any audits or compliance measures undertaken by the city. A subsequent phone call from City Attorney Travis Broussard confirmed that no such actions had been initiated. Further requests for reasonable accommodation sent to both city officials and DOTD were met with silence or acknowledgment of no planned projects addressing curb ramp deficiencies. Tyler's complaint highlights that most curbs are owned by the city while some fall under DOTD's jurisdiction along major routes like US 190 and LA 182.
The plaintiff argues that this failure to provide accessible pathways constitutes a violation of Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. These laws mandate equal access to public services and facilities for individuals with disabilities. The lawsuit seeks injunctive relief requiring defendants to install compliant curb ramps or develop plans for modifications within specified timeframes. Additionally, Tyler is pursuing nominal damages as a deterrent against future discrimination and coverage for attorney fees.
Representing Annette Tyler are attorneys Andrew D. Bizer, Garret S. DeReus, and Eva M. Kalikoff from Bizer & DeReus LLC based in New Orleans. The case is presided over by Judge DCJ-DJA under Case ID: 6:24-cv-01767-DCJ-DJA.