mark handler
SAWHORSE
Lawsuit: Pleasant Prairie hotel not compliant with ADA
http://www.kenoshanews.com/news/lawsuit_pleasant_prairie_hotel_not_compliant_with_ada_484616787.html
BY JANINE ANDERSON
janderson@kenoshanews.com
A disabled triathlete has sued the Pleasant Prairie Super 8, saying it did not fix accessibility problems he encountered on several visits.
Leland Foster lives in Swanton, Ohio, and traveled here to compete in the Pleasant Prairie Triathlon, according to the complaint filed in the U.S. District Court-Eastern District of Wisconsin. He has cerebral palsy, uses a wheelchair and has trouble grasping with his hands.
He reported encountering "architectural barriers" that endangered his safety.
Foster stayed at the Super 8 in June 2013 and told management about his concerns, according to the complaint. He returned there the next two years, but declined to stay, noting "the continued existence of barriers to handicap access."
Foster is "an avid adaptive sports enthusiast," and court documents state Wisconsin "arguably has the most active adaptive sports community in the United States." Foster has been to southeastern Wisconsin at least 30 times in the past three years and has "definite plans" to return to Pleasant Prairie.
He also acts as a tester who tries to discover discrimination against the disabled, according to the complaint. When doing tests, Foster visits the public space, engages the barriers to access, tests them to determine whether they are illegal barriers to access, and then proceeds with legal action. He makes subsequent visits to the property to verify compliance or non-compliance with the Americans with Disabilities Act.
Here, Foster claims there were:
Insufficient handicapped parking spaces, a lack of signs, not enough handrails on ramps and changes in level in excess of a half an inch.
A registration service counter higher than 36 inches
Guest room issues that included no roll-in showers, problems with bathtub control locations and a lack of detachable shower heads, door hardware and peepholes mounted too high.
Foster is asking the court to force the hotel to make alterations to bring the facility in compliance with the ADA. He’s also seeking at least $25,000 in compensatory and punitive damages.
The hotel's answer is due next month.
http://www.kenoshanews.com/news/lawsuit_pleasant_prairie_hotel_not_compliant_with_ada_484616787.html
BY JANINE ANDERSON
janderson@kenoshanews.com
A disabled triathlete has sued the Pleasant Prairie Super 8, saying it did not fix accessibility problems he encountered on several visits.
Leland Foster lives in Swanton, Ohio, and traveled here to compete in the Pleasant Prairie Triathlon, according to the complaint filed in the U.S. District Court-Eastern District of Wisconsin. He has cerebral palsy, uses a wheelchair and has trouble grasping with his hands.
He reported encountering "architectural barriers" that endangered his safety.
Foster stayed at the Super 8 in June 2013 and told management about his concerns, according to the complaint. He returned there the next two years, but declined to stay, noting "the continued existence of barriers to handicap access."
Foster is "an avid adaptive sports enthusiast," and court documents state Wisconsin "arguably has the most active adaptive sports community in the United States." Foster has been to southeastern Wisconsin at least 30 times in the past three years and has "definite plans" to return to Pleasant Prairie.
He also acts as a tester who tries to discover discrimination against the disabled, according to the complaint. When doing tests, Foster visits the public space, engages the barriers to access, tests them to determine whether they are illegal barriers to access, and then proceeds with legal action. He makes subsequent visits to the property to verify compliance or non-compliance with the Americans with Disabilities Act.
Here, Foster claims there were:
Insufficient handicapped parking spaces, a lack of signs, not enough handrails on ramps and changes in level in excess of a half an inch.
A registration service counter higher than 36 inches
Guest room issues that included no roll-in showers, problems with bathtub control locations and a lack of detachable shower heads, door hardware and peepholes mounted too high.
Foster is asking the court to force the hotel to make alterations to bring the facility in compliance with the ADA. He’s also seeking at least $25,000 in compensatory and punitive damages.
The hotel's answer is due next month.