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Thursday, October 16, 2014
Lawsuit targets DCU Center, parking garage over wheelchair accessibility
http://www.telegram.com/article/20141016/NEWS/310169490/1116
WORCESTER — A Dracut man and a civil rights group of which he is a member are suing the city, alleging a host of violations of federal accessibility laws at the DCU Center and Major Taylor Garage, both of which are owned by the city.
The federal lawsuit, filed by Dino N. Theodore and Access with Success Inc., seeks to compel the city to improve accessibility to the arena and garage for people with disabilities.
The group claims the DCU Center doesn't have enough wheelchair seating and that what it does have is not distributed through the arena to allow for the variety of vantage points available to other patrons.
"AWS seeks to send a clear message that segregated services and inaccessible public accommodations are against the law and should not be tolerated," according to the complaint filed in U.S. District Court in June.
City Solicitor David M. Moore and DCU Center General Manager Sandy Dunn noted in separate interviews that the arena opened in 1982, about eight years before the landmark Americans with Disabilities Act became law.
The parts of the building that were added or substantially renovated since the act took effect, such as the convention center space and arena concourses, comply with all federal accessibility requirements, according to Mr. Moore.
"Some of this is just the time factor. If you apply today's code to the old portions of the building, they're not compliant yet, but that's not a legal violation," Mr. Moore said.
A recent city report on the accessibility of public buildings noted some of the same issues at the DCU Center as the lawsuit lists.
The city's consultant, the Institute for Human Centered Design of Boston, noted in its August report that if it were built today, the arena would be required to have at least 89 wheelchair spaces given its total capacity of 14,800 seats. The arena has 53 wheelchair spaces, all of which are on the same level, according to the city report.
Mr. Moore said the problems with concession stands and bathrooms listed in the complaint were fixed in a recent major upgrade of the concourses. He said other accessibility issues would be fixed when the arena seating areas are renovated.
"No one is turned away because of disabilities. If more individuals in wheelchairs showed up, seats would be removed and space made. There's that kind of flexibility on the seating," he said.
Mr. Theodore, the plaintiff, is a lawyer who is paralyzed from the chest down and who uses a wheelchair, according to the complaint. He could not be reached directly or through his lawyer, Nicholas S. Guerrera of North Andover. Mr. Guerrera declined to comment on the lawsuit.
Mr. Theodore became aware of the accessibility problems alleged in his lawsuit when he parked at the Major Taylor Garage and then attended a motorcycle race at the DCU Center with his daughter in January 2013, according to the complaint. Mr. Theodore and Access with Success have filed dozens of lawsuits across the state under the Americans with Disabilities Act, including one settled in June with Lowell General Hospital, according to court records.
In a lengthy settlement agreement, the Lowell hospital committed to make a number of accessibility improvements as well as to pay unspecified attorney fees and court costs to the plaintiffs.
The lawsuit against Worcester also names Laz Parking Limited of Boston and Pennsylvania-based SMG Food and Beverage LLC. SMG and Laz Parking manage the DCU Center and Major Taylor Garage, respectively, under city contracts.
"The actions and initiatives that the defendants have failed to undertake in order to make the DCU Center accessible to persons with disabilities are actions and initiatives that would be readily achievable, required by law, and would greatly assist persons with mobility disabilities at minimal expense to the defendants," the complaint alleges.
As for the Major Taylor Garage, Mr. Theodore claims in his lawsuit that there are not enough accessible parking spaces in the garage and that they are poorly marked.
The city accessibility report from August also noted problems with worn paint and improper signage for handicapped spots in the garage, but Mr. Moore said the plaintiffs in the lawsuit appear to have miscalculated the number of required accessible spaces.
"We believe a lot of the information in the suit is dated or misstated," he said. "The city is absolutely committed to ADA compliance. It's not just a legal issue. It's the city's philosophy."
Contact reporter Thomas Caywood at tcaywood@telegram.com. Follow him on Twitter @ThomasCaywood
Lawsuit targets DCU Center, parking garage over wheelchair accessibility
http://www.telegram.com/article/20141016/NEWS/310169490/1116
WORCESTER — A Dracut man and a civil rights group of which he is a member are suing the city, alleging a host of violations of federal accessibility laws at the DCU Center and Major Taylor Garage, both of which are owned by the city.
The federal lawsuit, filed by Dino N. Theodore and Access with Success Inc., seeks to compel the city to improve accessibility to the arena and garage for people with disabilities.
The group claims the DCU Center doesn't have enough wheelchair seating and that what it does have is not distributed through the arena to allow for the variety of vantage points available to other patrons.
"AWS seeks to send a clear message that segregated services and inaccessible public accommodations are against the law and should not be tolerated," according to the complaint filed in U.S. District Court in June.
City Solicitor David M. Moore and DCU Center General Manager Sandy Dunn noted in separate interviews that the arena opened in 1982, about eight years before the landmark Americans with Disabilities Act became law.
The parts of the building that were added or substantially renovated since the act took effect, such as the convention center space and arena concourses, comply with all federal accessibility requirements, according to Mr. Moore.
"Some of this is just the time factor. If you apply today's code to the old portions of the building, they're not compliant yet, but that's not a legal violation," Mr. Moore said.
A recent city report on the accessibility of public buildings noted some of the same issues at the DCU Center as the lawsuit lists.
The city's consultant, the Institute for Human Centered Design of Boston, noted in its August report that if it were built today, the arena would be required to have at least 89 wheelchair spaces given its total capacity of 14,800 seats. The arena has 53 wheelchair spaces, all of which are on the same level, according to the city report.
Mr. Moore said the problems with concession stands and bathrooms listed in the complaint were fixed in a recent major upgrade of the concourses. He said other accessibility issues would be fixed when the arena seating areas are renovated.
"No one is turned away because of disabilities. If more individuals in wheelchairs showed up, seats would be removed and space made. There's that kind of flexibility on the seating," he said.
Mr. Theodore, the plaintiff, is a lawyer who is paralyzed from the chest down and who uses a wheelchair, according to the complaint. He could not be reached directly or through his lawyer, Nicholas S. Guerrera of North Andover. Mr. Guerrera declined to comment on the lawsuit.
Mr. Theodore became aware of the accessibility problems alleged in his lawsuit when he parked at the Major Taylor Garage and then attended a motorcycle race at the DCU Center with his daughter in January 2013, according to the complaint. Mr. Theodore and Access with Success have filed dozens of lawsuits across the state under the Americans with Disabilities Act, including one settled in June with Lowell General Hospital, according to court records.
In a lengthy settlement agreement, the Lowell hospital committed to make a number of accessibility improvements as well as to pay unspecified attorney fees and court costs to the plaintiffs.
The lawsuit against Worcester also names Laz Parking Limited of Boston and Pennsylvania-based SMG Food and Beverage LLC. SMG and Laz Parking manage the DCU Center and Major Taylor Garage, respectively, under city contracts.
"The actions and initiatives that the defendants have failed to undertake in order to make the DCU Center accessible to persons with disabilities are actions and initiatives that would be readily achievable, required by law, and would greatly assist persons with mobility disabilities at minimal expense to the defendants," the complaint alleges.
As for the Major Taylor Garage, Mr. Theodore claims in his lawsuit that there are not enough accessible parking spaces in the garage and that they are poorly marked.
The city accessibility report from August also noted problems with worn paint and improper signage for handicapped spots in the garage, but Mr. Moore said the plaintiffs in the lawsuit appear to have miscalculated the number of required accessible spaces.
"We believe a lot of the information in the suit is dated or misstated," he said. "The city is absolutely committed to ADA compliance. It's not just a legal issue. It's the city's philosophy."
Contact reporter Thomas Caywood at tcaywood@telegram.com. Follow him on Twitter @ThomasCaywood
