New York Health Club Hit with ADA Class Action Case Over Apparent Accessibility Barriers
Graciela Doncouse, on Behalf of Herself And All Others Similarly Situated v. New York Health & Racquet Club Foundation, Inc. et al
Filed: May 9, 2019 ◆§ 1:19cv4227
A New York woman claims accessibility barriers at NY Health & Racquet Club and NY Health Club deprive disabled individuals from full and equal access to the fitness facilities.
New York
New York Health & Racquet Club (NYHRC) and New York Health Club (NYHC) face a proposed class action filed by a woman who claims numerous accessibility barriers can be found at the companies’ New York City fitness clubs.
The lawsuit alleges that individuals considered disabled under the Americans with Disabilities Act (ADA) have been denied full and equal access to the defendants’ facilities and have therefore been the subject of discrimination. The plaintiff, who the suit states is a paraplegic and relies on a wheelchair for mobility, argues that NYHRC and NYHC are places of public accommodation under the ADA, and should thus be held to the legal standard set by the law.
Singling out nine of the defendants’ locations citywide, the lawsuit claims NYHRC and NYHC have failed to:
- Provide accessible pools equipped with pool lifts;
- Provide accessible patio-level entrances by pools that have a large step at their entrance;
- Install an appropriately sloped ramp entrance to pools;
- Make locker rooms and restrooms accessible;
- Provide accessible shower stalls, which currently have one step at their entrance;
- Equip restrooms with grab bars;
- Provide accessible amenities throughout the premises, including towel hooks mounted at acceptable heights; and
- Provide signage with instructions for those with disabilities.
To date, the lawsuit says, the accessibility violations in the above list “still exist and have not been remedied.” The plaintiff claims that while she intends to revisit the defendants’ facilities in the future, she will be unable to do so should NYHRC and NYHC fail to address the litany of ADA violations.
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