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Advocate for the disabled sues Peabody hotel over ADA violations

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Advocate for the disabled sues Peabody hotel over ADA violations

By Sara K. Clarke, Orlando Sentinel

http://www.orlandosentinel.com/business/os-peabody-ada-lawsuit-20110203,0,5242970.story

4:39 p.m. EST, February 3, 2011

An advocate for people with disabilities sued the Peabody Orlando this week, saying the hotel's new, $450 million expansion does not comply with the Americans with Disabilities Act.

James Harding, a Tallahassee resident and disability coach, said he booked a stay at the hotel in 2005 and again after the Peabody's new tower opened last September. But both times, "architectural barriers" prevented him from using the accommodations, according to his lawsuit, which was filed Wednesday in U.S. District Court in Orlando.

Harding, a quadriplegic, was a conference presenter at the hotel in 2005. The Peabody at the time did not have a room with a roll-in shower that also connected to an adjoining room for Harding's full-time aide, the lawsuit alleges, so he took a room at another hotel.

When he returned last year, the lawsuit continues, Harding encountered various ADA violations, including door widths that don't comply with the law, amenities in the wheelchair-accessible rooms that don't measure up to those in standard rooms, and unequal levels of service for disabled patrons in certain instances, such as valet parking.

"Whoever designed the new construction either (A) had no familiarity with the ADA or (B) said, 'We're going to construct it so it's functionally usable for some disabled, and the others can make do or go across the street,' " said David Oliver, Harding's lawyer. "What we see there today is no discernable effort to comply with the ADA."

Alan Villaverde, managing director of the Peabody, said the hotel had not yet received a copy of the lawsuit and would not comment until it had more information.

Harding's lawyer is asking for an inspection of the hotel to further document ADA violations, plus an injunction ordering the hotel to comply with the ADA. The law firm representing him, Morgan & Morgan of Orlando, is also requesting attorneys' fees and litigation expenses.

Sara K. Clarke can be reached at skclarke@orlandosentinel.com or 407-420-5664
 
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