FORT LAUDERDALE – A disabled person claims a retail store chain
allegedly discriminated against her by denying access to and full and equal enjoyment of goods, services and/or accommodations located at the premises.
Janet Hoyt filed a complaint on May 9 in the U.S. District Court for the Southern District of Florida, Fort Lauderdale Division against Wal-Mart Stores East LP, doing business as Wal-Mart Market No. 3104, alleging violation of the Americans with Disabilities Act.
According to the complaint, the plaintiff alleges that on April 12, she visited defendant's facility in Deerfield Beach but was denied full and equal access and full and equal enjoyment of the facilities, services, goods and amenities offered therein. As a result of defendant's alleged discrimination, she claims she has suffered and will continue to suffer direct and indirect injury until defendant is compelled to comply with the ADA requirements.
The plaintiff holds Wal-Mart Stores East LP responsible because the defendant allegedly provided grab bars of improper horizontal length, failed to provide toilet paper dispensers in the proper position, failed to provide a coat hook within the proper reach ranges for a person with a disability, failed to provide a dispenser in an accessible position and failed to provide paper towel dispenser at the correct height above the finished floor in the restrooms.
The plaintiff requests a trial by jury and seeks declaration that defendant's premises is in violation of the ADA, an order requiring defendant to alter the premises to make them accessible to and usable by individuals with disabilities, an order directing defendant to evaluate and neutralize its policies and procedures toward persons with disabilities, attorneys' fees, all costs and other expenses and such other and further relief as it may deem necessary just and proper. She is represented by Jason S. Weiss and Peter S. Leiner of Weiss Law Group PA in Coral Springs.
U.S. District Court for the Southern District of Florida, Fort Lauderdale Division Case number 0:16-cv-60998