Pennsylvania Law Firm Files Two Class Actions Over ADA Compliance

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Darden Restaurants, Inc. and New Release DVD are the defendants in two separate proposed class actions filed by the same Pennsylvania law firm that claims the entities violate certain provisions of the Americans with Disabilities Act (ADA).

The plaintiff in the suit against Darden Restaurants, Inc., which operates LongHorn Steakhouse restaurants, claims she has a history of mobility-affecting ailments, including a double knee replacement and bouts of osteoarthritis and traumatic arthritis, and has great difficulty walking up and down steep inclines and on uneven or unsecure surfaces (such as sand or gravel). According to her complaint, she “experienced unnecessary difficulty and risk” accessing one of the defendant’s locations because its handicapped parking spaces “were not located on the shortest accessible route to the restaurant’s accessible entrance,” as required by the ADA. Further, the lawsuit claims signs identifying handicapped-accessible parking spots are mounted lower than the height mandated by the ADA.

The lawsuit against New Release DVD alleges its automated DVD and Blu-Ray rental kiosks, which utilize an exclusively touch-based interface, violate the ADA because they “prevent visually impaired individuals, such as [the plaintiff], from independently using them.” As a result of the kiosks’ inherent design, only sighted consumers are allowed to access new release DVD’s products and services.