Disabled man claims hotel pool is out of ADA compliance

[mark handler]

Disabled man claims hotel pool is out of ADA compliance

Carol Ostrow Aug. 3, 2015, 9:55am

http://louisianarecord.com/stories/510630909-disabled-man-claims-hotel-pool-is-out-of-ada-compliance

A disabled individual is suing an Orleans Parish hotel alleging non-compliance with the ADA in connection with the plaintiff’s attempts to access the premises.

Howard Cohan of Palm Beach County, Fla. sued CHSP French Quarter LLC, doing business as W New Orleans French Quarter, on July 24 in the U.S. District Court of the Eastern District of Louisiana, alleging non-compliance with the Americans with Disabilities Act in regard to premises accessibility in an undated 2015 encounter.

According to the complaint, the defendant operates a business at 316 Chartres St. in New Orleans. The suit states that because the plaintiff has spinal stenosis which causes a neurological deficit, he requires a lift for access to pools and Jacuzzis.

The plaintiff claims that the defendant has failed to provide a means of entry for disabled individuals such as a ramp for office entry, a lift chair and sloped entry for the swimming pool, and level pathways and surfaces and that he has been denied full and equal access to the facilities because of his physical disability.

Cohan alleges that he would like to return to the hotel to enjoy its services and amenities, but can only do so if the defendant makes structural alterations.

He seeks declaratory and injunctive relief to make the hotel pool handicap-accessible and “neutralize” its policies towards persons with disabilities, along with attorney’s fees, expenses, and court costs. The plaintiff is represented by J. Stuart Kirwan III of Kaplan Sconzo & Parker in Palm Beach Gardens, Fla..

U.S. District Court of the Eastern District of Louisiana case number 2:15-cv-02927-LMA-JCW.

 

[MASSDRIVER]

"... alleges that he would like to return to the hotel to enjoy its services and amenities, but can only do so if the defendant makes structural alterations."

That must be in a "How to bring an ADA lawsuit for Fun and Profit" handbook somewhere. Seeing that verbiage a lot.

Brent.

 

[ICE]

Mr Cohan drew a short straw and is taking revenge on people that have nothing but sympathy for him. The idea that the owners of a hotel are responsible for leveling the playing field of life is asinine.

Inequality used to be a fact of life. Now it is just intolerable. Every kid gets a trophy and we don't keep score. A friend was told that by a pair of soccer moms. He told them that soon kids won't be taught how to count.

 

[conarb]

Egalitarianism and Johnson's Civil Rights act have been a curse on this country, it's obvious now that we'll never recover from it. The really bad part is that we are trying to conquer the world to impose it on the entire planet with Bush 1s New World Order, we call it Civil Rights here, in the rest of the world we call it Human Rights. We are a bankrupt country, we are living on borrowed money to try to keep this warfare-welfare state going, Obama has pushed China into the arms of Russia with his sanctions, between the two of them they can pull the rug our from underneath the dollar and we collapse without them having to fire a shot. Reading the world press we are the most hated empire to ever try to rule the world. Khruschev had it right:

"You Americans are so gullible. No, you won't accept Communism outright; but we'll keep feeding you small doses of Socialism until you will finally wake up and find that you already have Communism. We won't have to fight you; we'll so weaken your economy, until you fall like overripe fruit into our hands." Nikita Sergeyevich Khrushchev (April 17, 1894 – September 11, 1971)

 

[ADAguy]

Isn't that what we did to them (Russia?) and isn't that what the Chinese are now doing to us because ignorant American's are selling our businesses and assets to them?

 

[MASSDRIVER]

Sounds like it, but not really.

What Reagan did was spend CCCP into economic morass. What is different is that huge amounts of money was funneled to the military and r&d. We got something for our money. What we got was a state of the art, technologically advanced military, that projected out power and influence over the globe. Once you do that you can exploit the resources, and I don't mean that in a bad way. You can get those countries on economic parity so they can provide what you want. An offshoot is that if you are building a state of the art military, the science that follows translates to the private sector. That's why you have GPS, the Internet, satellite coms, advanced navigation, secure encryption, high food production, top tier logistics, etc.

However if all you are funding is domestic information gathering, regulation and licensing, welfare, sub par health care and a horrible education system, then you are paying for the lowest common denominator, and are not advancing the social strata. As it pertains to accessabity, that too is diverting private resources to something that has zero return, and may in the end show minimum benifits.

Brent.

 

[ADAguy]

So we had good intentions "at the time" but apparently failed to anticipate the rising tide of the Chinese and the willingness of the public to by "cheap" goods at the loss of our manufacturing ability and jobs.

Now they are using our own philosophy against us.

 

[MASSDRIVER]

Not at all. You can delineate the two events.

Our political structure at the time (Clinton and tailing republicans) opened that conduit. As usual, they thought they were the smartest people in the room and did not fully understand the new treaties and international laws that were a hidden Pandora's box in favor of the Chinese. Of course the Chinese unlawfully and immediately began currency manipulation to affect there export prices to the U.S.

Then Clinton alone began funneling proprietary technology to the Chicoms who h had the effect of neutering our tech advantage of manufacturing. The laws our representatives passed the. Creative a highly favorable atmosphere to outsource our manufacturing, and even executive base off shore.

Our government and corperTions were in such a hurry to get those conditions emplaced that no safeguards were put in place to protect our localized resources from being plundered and cut down.

Brent.

 

[ADAguy]

So who makes you Kilts?

 

[MASSDRIVER]

Utilikilt. Seattle. Made in the ASA. $260 American pesos.

Brent.