A lawsuit has been filed against a city and state department for failing to provide accessible curb ramps, allegedly violating federal disability laws. Annette Tyler initiated the complaint on December 18, 2024, in the United States District Court for the Western District of Louisiana, Lafayette Division, naming the City of Opelousas and the Louisiana Department of Transportation and Development (DOTD) as defendants.
The case revolves around allegations that Opelousas has not complied with Title II of the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973. Tyler, who resides on Vige Street in Opelousas and uses a wheelchair due to paraplegia, claims that many intersections in downtown Opelousas lack ADA-compliant curb cuts. This forces her to navigate her wheelchair in the street, posing safety risks. Despite a Master Plan adopted by the Opelousas Downtown Development District in June 2021 recommending an ADA audit for pedestrian routes, no action has been taken according to Tyler's investigation.
Tyler's legal representatives submitted public records requests to both Opelousas and DOTD seeking documentation of any audits or planned construction related to sidewalks and curb ramps. The responses indicated no current or future projects addressing these issues. Consequently, Tyler sent letters requesting reasonable accommodations from both entities but received no response or action towards compliance.
The lawsuit accuses the defendants of continuing violations by not providing equal access at curb cuts for individuals with disabilities. The complaint argues that most curbs are owned by the city while some are under DOTD's jurisdiction. It highlights Louisiana Revised Statute 32:216 which mandates pedestrians use sidewalks where available; non-compliance can result in fines or imprisonment.
Tyler seeks injunctive relief requiring defendants to install ADA-compliant curb ramps or present a plan within specified timeframes. She also demands nominal damages to underscore civil rights importance and deter future discrimination against disabled individuals.
Representing Tyler are attorneys Andrew D. Bizer, Garret S. DeReus, and Eva M. Kalikoff from Bizer & DeReus LLC. The case is presided over by unnamed judges under Case ID 4:24-cv-01767.