Burger King Operator Facing Class Action Over Alleged Accessibility Barriers for Wheelchair Users
Swiney v. Fritz Management, LLC et al.
Filed: December 4, 2023 ◆§ 3:23-cv-02674
A class action alleges the operator of several Burger King restaurants has failed to ensure that its parking lots are equally accessible to customers who rely upon wheelchairs for mobility.
A proposed class action alleges the operator of at least 141 Burger King restaurants throughout Texas has failed to ensure that its parking lots are equally accessible to customers who rely upon wheelchairs for mobility.
Want to stay in the loop on class actions that matter to you? Sign up for ClassAction.org’s free weekly newsletter here.
The 14-page lawsuit claims Fritz Management, LLC has run afoul of the Americans with Disabilities Act (ADA) by failing to remedy excessive slopes in the Burger Kings’ purportedly accessible parking spaces, access aisles and curb ramps.
The plaintiff, a Texas resident who uses a wheelchair for mobility, says the sloping conditions at the defendant’s Burger King location in Arlington caused him to experience “unnecessary difficulty and risk of physical harm” getting in and out of his vehicle and navigating the facilities earlier this year. The man claims the excessive slopes “significantly impeded” his ability to access the parking lot, as he was forced to “exercise extra care” to avoid falling and safely traverse the area.
According to the case, the non-ADA-compliant sloping conditions are widespread across the defendant’s restaurants and are the result of the company’s inadequate internal maintenance procedures.
In fact, the plaintiff’s investigation examined several Burger King locations owned by the franchisee and found that two facilities had curb ramps with flare slopes exceeding the maximum percentage permitted by the ADA and five had curb ramps that projected into an access aisle, the filing says.
Per the case, Fritz Management’s “repeated and systemic” failure to maintain its facilities such that they are readily accessible to and usable by individuals with mobility disabilities constitutes unlawful discrimination.
The lawsuit looks to represent any wheelchair users with qualified mobility disabilities who encountered accessibility barriers within the parking areas of any Burger King locations owned by Fritz Management, LLC.
Get class action lawsuit news sent to your inbox – sign up for ClassAction.org’s free weekly newsletter here.
Hair Relaxer Lawsuits
Women who developed ovarian or uterine cancer after using hair relaxers such as Dark & Lovely and Motions may now have an opportunity to take legal action.
Read more here: Hair Relaxer Cancer Lawsuits
How Do I Join a Class Action Lawsuit?
Did you know there's usually nothing you need to do to join, sign up for, or add your name to new class action lawsuits when they're initially filed?
Read more here: How Do I Join a Class Action Lawsuit?
Stay Current
Sign Up For
Our Newsletter
New cases and investigations, settlement deadlines, and news straight to your inbox.
Before commenting, please review our comment policy.