Alleged Lack of Handicapped Parking at Center of PA Woman's ADA Lawsuit
Last Updated on May 8, 2018
Slivak v. Starboard Group of Bucks County, Inc.
Filed: March 29, 2017 ◆§ 2:17-cv-01399-RK
A wheelchair-bound woman is the plaintiff in a proposed class action lawsuit that alleges a Wendy's restaurant facility lacks handicapped-accessible parking spaces.
A 41-year-old wheelchair-bound woman born with Osteogenesis Imperfecta, or brittle bone disease, is the plaintiff in a proposed class action lawsuit that alleges facilities owned by a Pennsylvania Wendy’s restaurant operating company unlawfully lack handicapped-accessible parking spaces. The woman’s lawsuit specifically claims the lack of handicapped parking spaces at Starboard Group of Bucks County, Inc.’s facilities in Southampton amount to an access barrier that denies her “safe and full access” to the defendant’s restaurant in violation of the Americans with Disabilities Act (ADA).
The lawsuit notes that to facilitate her active lifestyle, the plaintiff owns a specially modified mini-van with an automatic side-ramp, which allows her to wheel herself into and out of the vehicle. Due to the van’s side-ramp, parking the vehicle requires the use of van-accessible parking spaces with sufficient room for the plaintiff to wheel to and from the van. To this point, the 15-page lawsuit seeks:
- A declaration that the defendant’s facilities violate the ADA;
- An injunction mandating the defendant remedy its alleged access barriers so they will no longer inhibit proposed class members; and
- Assuming the defendant fully complies with ADA guidelines, a period of time to be determined by the court to be used to ensure the defendant has “adopted and is following an institutional policy” that it will remain in compliance with the aforementioned federal statute.
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