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Summit County Parking Deck ADA Lawsuit
Summit County Parking Deck ADA Lawsuit
PageID #: 162
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF OHIO
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SPENCER NEAL, Case No.: 5:18-cv-01424
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Plaintiff, JUDGE SARA LIOI
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vs. Civil Rights
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Plaintiff SPENCER NEAL Complains of Defendant SUMMIT COUNTY, OFFICE OF
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26 JURISDICATION
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1. This is an action for declaratory, injunctive, and compensatory relief pursuant to Title II
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 1
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 2 of 21. PageID #: 163
1 of the Americans with Disabilities Act, 42 U.S.C. §§ 12131, et seq. (“ADA”), and its
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implementing regulation, 28 C.F.R. Part 35, as well as § 504 of the Rehabilitation Act of 1973,
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as amended, 29 U.S.C. §§ 701, et seq. (“Rehabilitation Act”).
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2. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1343.
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13 b. Plaintiff SPENCER NEAL is a resident of Akron, Ohio, and is sui juris. Since
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birth, NEAL has suffered from spina bifida, and he must use a wheelchair as he is
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paralyzed from the waist down. Under the ADA, NEAL is a qualified individual
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with disabilities due to his being substantially limited in the life activity of
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18 walking.
24 BACKGROUND
12 numerous serious architectural barriers to access in violation of the ADA and Rehabilitation Act,
19 b. In violation of the 2010 ADAS Section 206.2.1, there are not accessible
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pedestrian entrances or exits to the Facility from High Street that do not cause a
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person using a mobility aid to navigate in traffic lanes;
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c. In violation of the 2010 ADAS Section 206.2.4, there are no accessible routes in
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24 the Facility that allow a person with a disability to safely travel between building
25 elements without traveling behind parked cars and in vehicular traffic lanes;
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d. In violation of the 2010 ADAS Section 208.2, Floor 6A has no accessible parking
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spaces;
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 3
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 4 of 21. PageID #: 165
1 e. In violation of the 2010 ADAS Section 302.3, Floor 6A contains a grate with gaps
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that are spaced greater than ½ inch and the opening is placed parallel to the
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direction of travel;
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f. In violation of the 2010 ADAS Section 404.2.5, Floor 6A contains a threshold at
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6 the door to the elevator with a vertical change greater than ¼ inch high;
7 g. In violation of the 2010 ADAS Section 404.2.4.4, Floor 6A contains a door with a
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landing slope that exceeds 2%;
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h. In violation of the 2010 ADAS Section 307.2, Floor 6A contains fire piping in the
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stairwell that projects more than 4 inches into the circulation path;
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12 i. In violation of the 2010 ADAS Section 307.2, Floor 6A’s fire extinguisher boxes
18 floor space that is wide enough for access to the fire extinguishers;
19 l. In violation of the 2010 ADAS Section 407.1, the elevators serving Floors M1
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and 1A through 6A do not appear to be maintained as an accessible feature;
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m. In violation of the 2010 ADAS Section 208.2, Floor 6B has no accessible parking
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spaces;
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24 n. In violation of the 2010 ADAS Section 307.2, Floor 6B’s fire extinguisher boxes
1 p. In violation of the 2010 ADAS Section 407.4.6.1, the centerline of the elevator
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car control buttons are too high;
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q. In violation of the 2010 ADAS Section 505.10.2, Floor 6B’s handrails project less
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than 12 inches beyond the landing at the top of the stairs parallel to the floor or
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6 ground;
13 expansion joint that is spaced greater than ½ inches and is loose and disintegrated;
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u. In violation of the 2010 ADAS Section 208.2, Floor 5A has no accessible parking
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spaces; spaces are signed as being accessible but none of them comply with the
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standards;
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18 v. In violation of the 2010 ADAS Section 307.2, Floor 5A’s fire extinguisher boxes
25 y. In violation of the 2010 ADAS Section 502.4, the signed accessible space on 5A’s
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3rd accessible stall exceeds 2%;
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z. In violation of the 2010 ADAS Section 502.4, the signed accessible space on 5A’s
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 5
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 6 of 21. PageID #: 167
6 cc. In violation of the 2010 ADAS Section 305.3, Floor 5A does not provide clear
7 floor space that is wide enough for access to the fire extinguishers;
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dd. In violation of the 2010 ADAS Section 208.2, Floor 5B has no accessible parking
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spaces;
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ee. In violation of the 2010 ADAS Section 307.2, Floor 5B’s fire extinguisher boxes
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13 ff. In violation of the 2010 ADAS Section 308.1, Floor 5B’s fire extinguisher boxes
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are positioned too high for either a side or front approach;
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gg. In violation of the 2010 ADAS Advisory, Floor 5B’s two-way communication
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system does not comply with Chapter 708;
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18 hh. In violation of the 2010 ADAS Section 505.10.2, Floor 5B’s handrails project less
19 than 12 inches beyond the landing at the top of the stairs parallel to the floor or
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ground;
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ii. In violation of the 2010 ADAS Section 305.3, Floor 5B does not provide clear
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floor space that is wide enough for access to the fire extinguishers;
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24 jj. In violation of the 2010 ADAS Section 303.3, the door to the stairs on Floor 5B
1 ll. In violation of the 2010 ADAS Section 307.2, Floor 4A’s fire extinguisher boxes
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project more than 4 inches into the circulation path;
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mm. In violation of the 2010 ADAS Section 308.1, Floor 4A’s fire extinguisher
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boxes are positioned too high for either a side or front approach;
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6 nn. In violation of the 2010 ADAS Advisory, Floor 4A’s two-way communication
12 floor space that is wide enough for access to the fire extinguishers;
13 qq. In violation of the 2010 ADAS Section 308.1, Floor 4A’s emergency call box is
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positioned too high for either a side or front approach;
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rr. In violation of the 2010 ADAS Section 307.2, Floor 4A contains fire piping in the
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stairwell that projects more than 4 inches into the circulation path;
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18 ss. In violation of the 2010 ADAS Section 302.2, on Floor 4B, the doormat is not
25 vv. In violation of the 2010 ADAS Section 407.2.1.1, Floor 4B’s elevator call buttons
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are mounted too high;
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ww. In violation of the 2010 ADAS Section 206.2.4, Floor 4B’s building
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 7
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 8 of 21. PageID #: 169
1 entrance to the skywalk and office building is not located on an accessible route;
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xx. In violation of the 2010 ADAS Section 404.2.4.1, Floor 4B’s entrance to the
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skywalk does not provide maneuvering space on the pull side of the door that
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adequately extends beyond the latch side of the door;
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6 yy. In violation of the 2010 ADAS Section 404.2.4.4, Floor 4B’s entrance into the
12 which has a slope that exceeds the maximum running slope allowable of 8.33%;
13 bbb. In violation of the 2010 ADAS Section 405.6, a ramp exists on Floor 4B
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which is too long and too high without an intermediate landing;
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ccc. In violation of the 2010 ADAS Section 502.6, Floor 4B is missing a
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properly installed sign identifying the parking stall as van accessible;
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18 ddd. In violation of the 2010 ADAS Section 502.2, Floor 4B’s accessible stall
24 fff. In violation of the 2010 ADAS Section 307.2, Floor 4B’s fire extinguisher
1 hhh. In violation of the 2010 ADAS Section 305.3, Floor 4B does not provide
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clear floor space that is wide enough for access to the fire extinguishers;
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iii. In violation of the 2010 ADAS Section 404.2.4.4 and 404.2.4.4 Exception 1, the
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door located at Floor 4B and leading to the Polsky Building Skywalk has a
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7 jjj. In violation of the 2010 ADAS Section 404.2.3, the door located at Floor 4B and
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leading to the Polsky Building Skywalk does not provide at least 32 inches
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between the face of the door and the opposite stop;
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kkk. In violation of the 2010 ADAS Section 404.2.9, the door located at Floor
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13 lll. In violation of the 2010 ADAS Section 505.10.2, Floor 4B’s handrails project
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less than 12 inches beyond the landing at the top of the stairs parallel to the floor
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or ground;
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mmm. In violation of the 2010 ADAS Section 303.3, Floor 4B contains a door
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19 nnn. In violation of the 2010 ADAS Section 308.1, the ticket machines are
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positioned too high for either a side or front approach;
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ooo. In violation of the 2010 ADAS Section 206.2.1, the building entrance is
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not located on an accessible route;
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24 ppp. In violation of the 2010 ADAS Section 403.3, the accessible route of
25 travel into or out of Floor 3A has a sidewalk which contains a cross slope greater
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than 2%;
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qqq. In violation of the 2010 ADAS Section 308.1, Floor 3A’s emergency call
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 9
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 10 of 21. PageID #: 171
7 ttt. In violation of the 2010 ADAS Section 502.6, Floor 3A’s accessible stalls are
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missing properly placed signs identifying them as van accessible stalls;
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uuu. In violation of the 2010 ADAS Section 404.2.4.4 and 404.2.4.4 Exception
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1, on Floor 3A, the maneuvering clearance at the Parking Garage Office exceeds
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12 2% slope;
13 vvv. In violation of the 2010 ADAS Section 904.4.2 and 904.4.1, on Floor 3A,
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the public service counter is too high inside of the Parking Garage Office;
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www. In violation of the 2010 ADAS Section 302.2, the Parking Garage Office
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contains a doormat that is not secured in place;
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18 xxx. In violation of the 2010 ADAS Section 303.3, the Parking Garage Office
25 aaaa. In violation of the 2010 ADAS Section 505.1, Floor 3A contains a ramp
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that does not have compliant handrails;
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bbbb. In violation of the 2010 ADAS Section 404.2.4.4 and 404.2.4.4 Exception
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 10
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 11 of 21. PageID #: 172
1 1, Floor 3A contains an exit onto Hight Street with a maneuvering clearance that
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exceeds 2% slope;
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cccc. In violation of the 2010 ADAS Section 303.3, Floor 3A has an interior
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walkway with a change in level greater than ¼ inch;
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6 dddd. In violation of the 2010 ADAS Section 404.2.4.4, Floor 3A’s exterior
12 ffff. In violation of the 2010 ADAS Section 404.2.3, Floor 3A’s door opening
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stop;
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gggg. In violation of the 2010 ADAS Section 502.6, Floor 3B’s accessible stalls
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are missing properly placed signs identifying them as van accessible stalls;
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18 hhhh. In violation of the 2010 ADAS Section 308.1, Floor 3B’s emergency call
24 than 12 inches beyond the landing at the top of the stairs parallel to the floor or
25 ground;
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kkkk. In violation of the 2010 ADAS Section 302.1 and 302, Floor 3B contains
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floor tiles that are not slip resistant in wet conditions;
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 11
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 12 of 21. PageID #: 173
1 llll. In violation of the 2010 ADAS Section 208.2, Floor 2A has no accessible parking
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spaces;
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mmmm. In violation of the 2010 ADAS Section 308.1, Floor 2A’s emergency call
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box is positioned too high for either a side or front approach;
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18 ssss. In violation of the 2010 ADAS Section 404.2.3, Floor 2B has a door
19 opening that does not provide at least 32 inches between the face of the door and
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the opposite stop;
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tttt. In violation of the 2010 ADAS Section 505.8, Floor 2B contains handrails that are
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loose, rusted and without smooth surfaces;
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24 uuuu. In violation of the 2010 ADAS Section 505.10.2, Floor 2B’s handrails
25 project less than 12 inches beyond the landing at the top of the stairs parallel to
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the floor or ground;
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vvvv. In violation of the 2010 ADAS Section 505.3, Floor 2B contains a
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 12
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 13 of 21. PageID #: 174
7 yyyy. In violation of the 2010 ADAS Section 208.2, Floor 1A has no accessible
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parking spaces;
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zzzz. In violation of the 2010 ADAS Section 308.1, Floor 1A’s emergency call
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box is positioned too high for either a side or front approach;
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1 slope;
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hhhhh. In violation of the 2010 ADAS Section 404.2.4.1, Floor 1B contains a
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door which is equipped with both a closer and a latch, but there lacks proper latch
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side clearance;
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6 iiiii. In violation of the 2010 ADAS Section 404.2.5, Floor 1B contains a door
12 kkkkk. In violation of the 2010 ADAS Section 208.2, Floor M2 has no accessible
13 parking spaces;
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lllll. In violation of the 2010 ADAS Section 308.1, Floor M2’s emergency call
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box is positioned too high for either a side or front approach;
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mmmmm. In violation of the 2010 ADAS Advisory, Floor M2’s two-way
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19 nnnnn. In violation of the 2010 ADAS Section 502.6, Floor M1’s accessible stalls
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are missing properly placed signs identifying them as van accessible stalls;
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ooooo. In violation of the 2010 ADAS Section 404.2.3, Floor M1 contains a door
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opening that does not provide at least 32 inches between the face of the door and
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25 ppppp. In violation of the 2010 ADAS Section 308.1, Floor M1’s emergency call
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box is positioned too high for either a side or front approach;
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qqqqq. In violation of the 2010 ADAS Advisory, Floor M1’s two-way
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 14
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 15 of 21. PageID #: 176
6 and fire piping that projects more than 4 inches into the circulation path;
7 ttttt. In violation of the 2010 ADAS Section 404.2.4.4 and 404.2.4.4 Exception
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1, Floor M1 contains a door with maneuvering clearance at the door which
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exceeds 2% slope;
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uuuuu. In violation of the 2010 ADAS Section 404.2.4.1, Floor M1 has a door
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12 that is equipped with both a closer and a latch and there is no latch side clearance;
13 vvvvv. In violation of the 2010 ADAS Section 404.2.5, Floor M1 has a door-
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threshold with a vertical change greater than ¼ inch high;
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wwwww. In violation of the 2010 ADAS Section 505.10.2, Floor M1’s handrails
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project less than 12 inches beyond the landing at the top of the stairs parallel to
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19 9. The ADA violations described above make wheelchair use dangerous, and difficult - or
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impossible - for NEAL and other qualified individuals with disabilities to travel safely to and
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from the Facility, and within the Facility. Travel is taxing on NEAL’s body since negotiating
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inaccessible areas requires much twisting of the spine, and overuse of shoulders and wrists, and
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24 these various barriers to access dishearten and frustrate him. Travel in inaccessible areas also
1 L.P.A. NEAL is considered a “runner”, responsible for filing court documents with various
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courts throughout Summit County.
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11. On information and belief, the violations addressed in this complaint have not been
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resolved. Continuing violations and notice thereof demonstrate a discriminatory intent on the
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12 denying them the benefits, services, programs or activities of the public entity, due to
13 Defendant's failure to remove architectural barriers, which is required by Title II of the ADA.
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The Facility is inaccessible to disabled persons and demonstrate violations of the ADA.
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14. On information and belief, the Defendant has violated other miscellaneous
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and important technical requirements of the ADA and regulations promulgated pursuant thereto.
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18 15. The discriminatory violations described in this Complaint are not an exclusive list of the
19 Defendants’ violations.
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16. On information and belief, the readily achievable barriers and other violations of the
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ADA still exist and have not been remedied or altered in such a way as to comply with the ADA.
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17. This Court has the authority to grant NEAL’s request for injunctive relief under the
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24 ADA, including an order to alter the Facility to make it readily accessible to and usable by
25 disabled persons, to modify a policy, to require inspection of the Facility, and to close any part of
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the Facility until the requisite modifications are completed. 28 C.F.R. 36.501.
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18. The Plaintiff’s counsel is entitled to recover those attorneys' fees, experts' fees, costs and
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 16
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 17 of 21. PageID #: 178
1 expenses incurred for this cause of action from the Defendants. 42 U.S.C. § 12205.
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19. Compensatory damages and other relief are also available to NEAL. 42 U.S.C. § 12133.
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20. WHEREFORE, Plaintiff SPENCER NEAL demands judgment against the Defendants
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and requests that the Court enter an Order:
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6 a. Declaring that the property owned and administered by the Defendant and the
12 make them accessible to and usable by individuals with disabilities to the full
18 d. Mandating that the Defendant undertakes the required self-evaluation and create a
19 Transition Plan that shall be available to the public and indicate the official
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responsible for the implementation of such a plan. At a minimum, the Transition
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Plan will identify obstacles in the Facility that limit accessibility of its programs
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or activities; describe methods to be used to make the Facility accessible; and
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24 provide a schedule for achieving compliance with the Transition Plan and with the
25 ADA;
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e. Mandating the Defendant to expeditiously make all reasonable and appropriate
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modifications in their policies, practices and procedures, provide effective
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 17
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 18 of 21. PageID #: 179
1 signage, remove all architectural and communication barriers that are readily
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achievable, and for barriers that are not readily achievable, that alternative means
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of access be provided; and to take all such steps as are reasonable and necessary
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to ensure that persons with disabilities are no longer excluded, denied services,
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7 accommodations;
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f. Awarding reasonable attorneys' fees, costs (including expert's fees) and other
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expenses of suit to the Plaintiff; and
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g. Awarding compensatory damages and such other relief that the Court deems
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18 23. Defendant has denied and continues to deny NEAL - and others who have qualifying
19 disabilities - equal access to the benefits of participation in its services, programs and activities,
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by not providing the disabled with the same meaningful choices regarding self-sufficiency.
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Specifically, the Defendant has violated the Rehabilitation Act through the violations explained
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supra.
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24 24. Neal has been damaged by the Defendant’s refusal to remove barriers to equal access and
25 enjoyment by disabled persons, which has the purpose and effect of discriminating against Neal
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and other similarly situated persons solely because of their disabilities.
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25. This Court has the authority to grant Neal’s request for injunctive relief under the
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 18
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 19 of 21. PageID #: 180
1 Rehabilitation Act, including an order to alter the Facilities to make them readily accessible to
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and usable by disabled persons, to modify a policy, to require inspection of the Facilities, and to
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close any part of the Facilities until the requisite modifications are completed. 28 C.F.R. 36.501.
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26. Neal's counsel is entitled to recover those attorneys' fees, experts' fees, costs and
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6 expenses incurred for this cause of action from OSU. 42 U.S.C. § 12205.
7 27. Compensatory damages and other relief are available to Neal. 29 U.S.C. § 794a(a)(2).
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28. WHEREFORE, Plaintiff SPENCER NEAL demands judgment against the Defendant
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and requests that the Court enter an Order:
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h. Declaring that the property owned and administered by the Defendant and the
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19 j. Directing the Defendant to evaluate and neutralize its policies, practices, and
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procedures toward persons with disabilities, for such reasonable time to allow the
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Defendants to undertake and complete corrective procedures;
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k. Mandating the Defendant to expeditiously make all reasonable and appropriate
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25 signage, remove all architectural and communication barriers that are not readily
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achievable, that alternative means be provided; and to take all such steps as are
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reasonable and necessary to ensure that persons with disabilities are no longer
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 19
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 20 of 21. PageID #: 181
6 m. Awarding compensatory damages and such other relief that the Court deems
7 proper to Neal.
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/s/ COLIN G. MEEKER
10 COLIN G. MEEKER (Ohio Bar No. 0092980)
BLAKEMORE, MEEKER & BOWLER CO., L.P.A.
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495 Portage Lakes Dr.
12 Akron, Ohio 44319
Telephone: (330) 253-3337
13 Facsimile: (330) 253-4131
cgm@bmblaw.com
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 21