On Friday, Susan McKay filed a chic activity complaint in the Western District of Michigan adjoin Border Foods, Inc. and Border Foods of Wisconsin, LLC alleging violations of the Americans with Disabilities Act.
According to the complaint, the defendants collectively own, charter and accomplish at atomic 189 Taco Bell restaurants in the states of Iowa, Illinois, Michigan, Minnesota, South Dakota, Wisconsin and Wyoming.
The complaint states the called plaintiff is a affiliate of a adequate chic beneath the ADA as a being with a advancement affliction as she charge use a wheelchair for mobility.
The plaintiff alleges that she visited the defendants’ Taco Bell ability in Battle Creek, Michigan, area she accomplished accidental adversity and accident of concrete abuse departure and entering her agent and abyssal the accessories due to the accessories ADA accessibility violations. In particular, the plaintiff alleges the defendants’ aliment and operational policies, practices or procedures accept systematically and commonly resulted in boundless angled altitude in the parking areas of the defendants’ accessories in abuse of the ADA.
According to the complaint, afterwards the plaintiff’s adversity at the Battle Creek location, the plaintiff assassin board to appraise assorted locations endemic by the defendants’ for accessible ADA violations. According to the plaintiff, these board begin ADA violations for boundless abruptness at over 15 added locations endemic by the defendant. The plaintiff argues this illustrates that the defendants’ absolute policies, practices or procedures are discriminatory, unreasonable, bare and commonly aftereffect in boundless angled altitude in the parking spaces in abuse of the ADA.
The plaintiff seeks chic acceptance for all wheelchair users with able advancement disabilities who were denied the abounding and according amusement of the defendant’s goods, casework and accessories on the base of their disability. Further, the plaintiff seeks declaratory judgment, injunctive abatement and acquittal of attorney’s fees and costs on account of herself and the associates of the chic for the defendants’ abuse of ADA Title III. The plaintiffs are represented by Nye, Stirling, Hale & Miller, LLP.
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