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Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 1 of 21.

PageID #: 162

1 COLIN G. MEEKER (Ohio Bar No. 0092980)


BLAKEMORE, MEEKER & BOWLER CO., L.P.A.
2
495 Portage Lakes Dr.
3 Akron, Ohio 44319
Telephone: (330) 253-3337
4 Facsimile: (330) 253-4131
cgm@bmblaw.com
5

6 Attorney for Plaintiff Spencer Neal

7
UNITED STATES DISTRICT COURT
8
NORTHERN DISTRICT OF OHIO
9
SPENCER NEAL, Case No.: 5:18-cv-01424
10
Plaintiff, JUDGE SARA LIOI
11
vs. Civil Rights
12

13 SUMMIT COUNTY COMPLAINT FOR INJUCTIVE RELIEF


OFFICE OF COUNTY EXECUTIVE, AND DAMAGES:
14
Defendant. 1ST CAUSE OF ACTION: For Denial of
15
Access in Violation of the Americans with
16 Disability Act (“title II” and “ADA”), 42.
U.S.C. §§ 12131 et seq, and its implementing
17 regulation, 28 C.F.R. Part 35.
18
2ND CAUSE OF ACTION: For Denial of
19 Access in Violation of § 504 of the
Rehabilitation Act of 1973, as amended, 29
20 U.S.C. §§ 701, et seq.
21
DEMAND FOR JURY
22

23
Plaintiff SPENCER NEAL Complains of Defendant SUMMIT COUNTY, OFFICE OF
24

25 COUNTY EXECUTIVE (“Summit County”) and alleges as follows:

26 JURISDICATION
27
1. This is an action for declaratory, injunctive, and compensatory relief pursuant to Title II
28
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
2
implementing regulation, 28 C.F.R. Part 35, as well as § 504 of the Rehabilitation Act of 1973,
3
as amended, 29 U.S.C. §§ 701, et seq. (“Rehabilitation Act”).
4
2. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1343.
5

6 3. This action is within the jurisdiction of the Court:

7 a. The SUMMIT COUNTY, OFFICE OF COUNTY EXECUTIVE is organized in


8
the State of Ohio; its registered agent is located in Akron, Ohio; and it is the
9
owner, lessor, tenant and/or operator of the real property that is the subject of this
10
cause of action in Akron, Ohio. The SUMMIT COUNTY, OFFICE OF COUNTY
11

12 EXECUTIVE employs 50 or more individuals.

13 b. Plaintiff SPENCER NEAL is a resident of Akron, Ohio, and is sui juris. Since
14
birth, NEAL has suffered from spina bifida, and he must use a wheelchair as he is
15
paralyzed from the waist down. Under the ADA, NEAL is a qualified individual
16
with disabilities due to his being substantially limited in the life activity of
17

18 walking.

19 4. Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1391(b):


20
a. The events giving rise to this claim occurred in this Judicial District;
21
b. The real property which is the subject of this action may be found in this Judicial
22
District.
23

24 BACKGROUND

25 5. A qualified individual with a disability shall not be excluded from participation in or be


26
denied the benefits, services, programs, or activities of a public entity, and no qualified
27
individual with a disability shall face discrimination by any public entity on account of its
28
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 2
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 3 of 21. PageID #: 164

1 facilities being inaccessible or unusable by such person. 28 C.F.R. 35.149.


2
6. Upon information and belief, SUMMIT COUNTY, OFFICE OF COUNTY
3
EXECUTIVE is a public entity, being owned or operated by the County of Summit, in the State
4
of Ohio.
5

6 7. Upon information and belief, the SUMMIT COUNTY, OFFICE OF COUNTY

7 EXECUTIVE is a recipient of federal funds.


8
8. NEAL resides in proximity to the Facility and intends to return as a parking customer. On
9
June 19, 2018, June 22, 2018 and subsequent dates, NEAL arrived at the Facility and found that
10
it did not have accessible parking for him. During these visits, NEAL personally encountered
11

12 numerous serious architectural barriers to access in violation of the ADA and Rehabilitation Act,

13 including, but not limited to the following:


14
a. In violation of the 2010 ADAS Section 208.2, there are not enough accessible
15
parking stalls dispersed at various locations throughout the Facility. The spaces
16
that can be considered accessible have various barriers preventing their
17

18 conformance to the 2010 ADAS;

19 b. In violation of the 2010 ADAS Section 206.2.1, there are not accessible
20
pedestrian entrances or exits to the Facility from High Street that do not cause a
21
person using a mobility aid to navigate in traffic lanes;
22
c. In violation of the 2010 ADAS Section 206.2.4, there are no accessible routes in
23

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;
26
d. In violation of the 2010 ADAS Section 208.2, Floor 6A has no accessible parking
27
spaces;
28
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
2
that are spaced greater than ½ inch and the opening is placed parallel to the
3
direction of travel;
4
f. In violation of the 2010 ADAS Section 404.2.5, Floor 6A contains a threshold at
5

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
8
landing slope that exceeds 2%;
9
h. In violation of the 2010 ADAS Section 307.2, Floor 6A contains fire piping in the
10
stairwell that projects more than 4 inches into the circulation path;
11

12 i. In violation of the 2010 ADAS Section 307.2, Floor 6A’s fire extinguisher boxes

13 project more than 4 inches into the circulation path;


14
j. In violation of the 2010 ADAS Section 308.1, Floor 6A’s fire extinguisher boxes
15
are positioned too high for either a side or front approach;
16
k. In violation of the 2010 ADAS Section 305.3, Floor 6A does not provide clear
17

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
20
and 1A through 6A do not appear to be maintained as an accessible feature;
21
m. In violation of the 2010 ADAS Section 208.2, Floor 6B has no accessible parking
22
spaces;
23

24 n. In violation of the 2010 ADAS Section 307.2, Floor 6B’s fire extinguisher boxes

25 project more than 4 inches into the circulation path;


26
o. In violation of the 2010 ADAS Section 308.1, Floor 6B’s fire extinguisher boxes
27
are positioned too high for either a side or front approach;
28
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 4
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 5 of 21. PageID #: 166

1 p. In violation of the 2010 ADAS Section 407.4.6.1, the centerline of the elevator
2
car control buttons are too high;
3
q. In violation of the 2010 ADAS Section 505.10.2, Floor 6B’s handrails project less
4
than 12 inches beyond the landing at the top of the stairs parallel to the floor or
5

6 ground;

7 r. In violation of the 2010 ADAS Advisory, Floor 6B’s two-way communication


8
system does not comply with Chapter 708;
9
s. In violation of the 2010 ADAS Section 404.2.5, Floor 6B contains a threshold
10
with a vertical change greater than ¼ inches high;
11

12 t. In violation of the 2010 ADAS Section 302.3, Floor 6B contains a concrete

13 expansion joint that is spaced greater than ½ inches and is loose and disintegrated;
14
u. In violation of the 2010 ADAS Section 208.2, Floor 5A has no accessible parking
15
spaces; spaces are signed as being accessible but none of them comply with the
16
standards;
17

18 v. In violation of the 2010 ADAS Section 307.2, Floor 5A’s fire extinguisher boxes

19 project more than 4 inches into the circulation path;


20
w. In violation of the 2010 ADAS Section 308.1, Floor 5A’s fire extinguisher boxes
21
are positioned too high for either a side or front approach;
22
x. In violation of the 2010 ADAS Section 502.4, the signed accessible space on 5A’s
23

24 2nd accessible stall exceeds 2%;

25 y. In violation of the 2010 ADAS Section 502.4, the signed accessible space on 5A’s
26
3rd accessible stall exceeds 2%;
27
z. In violation of the 2010 ADAS Section 502.4, the signed accessible space on 5A’s
28
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 5
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 6 of 21. PageID #: 167

1 4th accessible stall exceeds 2%;


2
aa. In violation of the 2010 ADAS Section 502.4, the signed accessible space on 5A’s
3
5th accessible stall exceeds 2%;
4
bb. In violation of the 2010 ADAS Section
5

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;
8
dd. In violation of the 2010 ADAS Section 208.2, Floor 5B has no accessible parking
9
spaces;
10
ee. In violation of the 2010 ADAS Section 307.2, Floor 5B’s fire extinguisher boxes
11

12 project more than 4 inches into the circulation path;

13 ff. In violation of the 2010 ADAS Section 308.1, Floor 5B’s fire extinguisher boxes
14
are positioned too high for either a side or front approach;
15
gg. In violation of the 2010 ADAS Advisory, Floor 5B’s two-way communication
16
system does not comply with Chapter 708;
17

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
20
ground;
21
ii. In violation of the 2010 ADAS Section 305.3, Floor 5B does not provide clear
22
floor space that is wide enough for access to the fire extinguishers;
23

24 jj. In violation of the 2010 ADAS Section 303.3, the door to the stairs on Floor 5B

25 contains a change in level greater than ¼ inch;


26
kk. In violation of the 2010 ADAS Section 208.2, Floor 4A has no accessible parking
27
spaces;
28
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 6
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 7 of 21. PageID #: 168

1 ll. In violation of the 2010 ADAS Section 307.2, Floor 4A’s fire extinguisher boxes
2
project more than 4 inches into the circulation path;
3
mm. In violation of the 2010 ADAS Section 308.1, Floor 4A’s fire extinguisher
4
boxes are positioned too high for either a side or front approach;
5

6 nn. In violation of the 2010 ADAS Advisory, Floor 4A’s two-way communication

7 system does not comply with Chapter 708;


8
oo. In violation of the 2010 ADAS Section 502.6, Floor 4A’s “Van Accessible” sign
9
marks the access aisles and not the parking spaces.
10
pp. In violation of the 2010 ADAS Section 305.3, Floor 4A does not provide clear
11

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
14
positioned too high for either a side or front approach;
15
rr. In violation of the 2010 ADAS Section 307.2, Floor 4A contains fire piping in the
16
stairwell that projects more than 4 inches into the circulation path;
17

18 ss. In violation of the 2010 ADAS Section 302.2, on Floor 4B, the doormat is not

19 secured in place at the entry door;


20
tt. In violation of the 2010 ADAS Section 308.1, Floor 4B’s emergency call box is
21
positioned too high for either a side or front approach;
22
uu. In violation of the 2010 ADAS Advisory, Floor 4B’s two-way communication
23

24 system does not comply with Chapter 708;

25 vv. In violation of the 2010 ADAS Section 407.2.1.1, Floor 4B’s elevator call buttons
26
are mounted too high;
27
ww. In violation of the 2010 ADAS Section 206.2.4, Floor 4B’s building
28
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;
2
xx. In violation of the 2010 ADAS Section 404.2.4.1, Floor 4B’s entrance to the
3
skywalk does not provide maneuvering space on the pull side of the door that
4
adequately extends beyond the latch side of the door;
5

6 yy. In violation of the 2010 ADAS Section 404.2.4.4, Floor 4B’s entrance into the

7 office building has a landing at the door which exceeds 2% slope;


8
zz. In violation of the 2010 ADAS Section 505.1, Floor 4B’s entrance ramp into the
9
office building does not have compliant handrails;
10
aaa. In violation of the 2010 ADAS Section 405.2, a ramp exists on Floor 4B
11

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
14
which is too long and too high without an intermediate landing;
15
ccc. In violation of the 2010 ADAS Section 502.6, Floor 4B is missing a
16
properly installed sign identifying the parking stall as van accessible;
17

18 ddd. In violation of the 2010 ADAS Section 502.2, Floor 4B’s accessible stall

19 is missing a proper access aisle;


20
eee. In violation of the 2010 ADAS Section 404.2.4.1, Floor 4B has a door
21
which lacks maneuvering space on the pull side of the door which adequately
22
extends beyond the latch side of the door;
23

24 fff. In violation of the 2010 ADAS Section 307.2, Floor 4B’s fire extinguisher

25 boxes project more than 4 inches into the circulation path;


26
ggg. In violation of the 2010 ADAS Section 308.1, Floor 4B’s fire extinguisher
27
boxes are positioned too high for either a side or front approach;
28
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 8
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 9 of 21. PageID #: 170

1 hhh. In violation of the 2010 ADAS Section 305.3, Floor 4B does not provide
2
clear floor space that is wide enough for access to the fire extinguishers;
3
iii. In violation of the 2010 ADAS Section 404.2.4.4 and 404.2.4.4 Exception 1, the
4
door located at Floor 4B and leading to the Polsky Building Skywalk has a
5

6 maneuvering clearance at the door which exceeds 2%;

7 jjj. In violation of the 2010 ADAS Section 404.2.3, the door located at Floor 4B and
8
leading to the Polsky Building Skywalk does not provide at least 32 inches
9
between the face of the door and the opposite stop;
10
kkk. In violation of the 2010 ADAS Section 404.2.9, the door located at Floor
11

12 4B exceeds the maximum pressure to open the door;

13 lll. In violation of the 2010 ADAS Section 505.10.2, Floor 4B’s handrails project
14
less than 12 inches beyond the landing at the top of the stairs parallel to the floor
15
or ground;
16
mmm. In violation of the 2010 ADAS Section 303.3, Floor 4B contains a door
17

18 landing and threshold with a change in level greater than ¼ inch;

19 nnn. In violation of the 2010 ADAS Section 308.1, the ticket machines are
20
positioned too high for either a side or front approach;
21
ooo. In violation of the 2010 ADAS Section 206.2.1, the building entrance is
22
not located on an accessible route;
23

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
26
than 2%;
27
qqq. In violation of the 2010 ADAS Section 308.1, Floor 3A’s emergency call
28
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 9
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 10 of 21. PageID #: 171

1 box is positioned too high for either a side or front approach;


2
rrr. In violation of the 2010 ADAS Advisory, Floor 3A’s two-way communication
3
system does not comply with Chapter 708;
4
sss. In violation of the 2010 ADAS Section 407.2.1.1, Floor 3A’s elevator call buttons
5

6 are mounted too high;

7 ttt. In violation of the 2010 ADAS Section 502.6, Floor 3A’s accessible stalls are
8
missing properly placed signs identifying them as van accessible stalls;
9
uuu. In violation of the 2010 ADAS Section 404.2.4.4 and 404.2.4.4 Exception
10
1, on Floor 3A, the maneuvering clearance at the Parking Garage Office exceeds
11

12 2% slope;

13 vvv. In violation of the 2010 ADAS Section 904.4.2 and 904.4.1, on Floor 3A,
14
the public service counter is too high inside of the Parking Garage Office;
15
www. In violation of the 2010 ADAS Section 302.2, the Parking Garage Office
16
contains a doormat that is not secured in place;
17

18 xxx. In violation of the 2010 ADAS Section 303.3, the Parking Garage Office

19 contains a change in level greater than ¼ inch;


20
yyy. In violation of the 2010 ADAS Section 405.2, Floor 3A contains a ramp
21
which has a slope that exceeds the maximum running slope allowable of 8.33%;
22
zzz. In violation of the 2010 ADAS Section 405.6, Floor 3A contains a ramp
23

24 that is too long and too high without an intermediate landing;

25 aaaa. In violation of the 2010 ADAS Section 505.1, Floor 3A contains a ramp
26
that does not have compliant handrails;
27
bbbb. In violation of the 2010 ADAS Section 404.2.4.4 and 404.2.4.4 Exception
28
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
2
exceeds 2% slope;
3
cccc. In violation of the 2010 ADAS Section 303.3, Floor 3A has an interior
4
walkway with a change in level greater than ¼ inch;
5

6 dddd. In violation of the 2010 ADAS Section 404.2.4.4, Floor 3A’s exterior

7 entryway onto High Street has a landing which exceeds 2% slope;


8
eeee. In violation of the 2010 ADAS Section 303.3 and 303.2, the exterior
9
walkway into or out of Floor 3A contains abrupt vertical edges and/or variations
10
over a ¼ inch;
11

12 ffff. In violation of the 2010 ADAS Section 404.2.3, Floor 3A’s door opening

13 does not provide at least 32 inches between the face of the door and the opposite
14
stop;
15
gggg. In violation of the 2010 ADAS Section 502.6, Floor 3B’s accessible stalls
16
are missing properly placed signs identifying them as van accessible stalls;
17

18 hhhh. In violation of the 2010 ADAS Section 308.1, Floor 3B’s emergency call

19 box is positioned too high for either a side or front approach;


20
iiii. In violation of the 2010 ADAS Advisory, Floor 3B’s two-way communication
21
system does not comply with Chapter 708;
22
jjjj. In violation of the 2010 ADAS Section 505.10.2, Floor 3B’s handrails project less
23

24 than 12 inches beyond the landing at the top of the stairs parallel to the floor or

25 ground;
26
kkkk. In violation of the 2010 ADAS Section 302.1 and 302, Floor 3B contains
27
floor tiles that are not slip resistant in wet conditions;
28
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
2
spaces;
3
mmmm. In violation of the 2010 ADAS Section 308.1, Floor 2A’s emergency call
4
box is positioned too high for either a side or front approach;
5

6 nnnn. In violation of the 2010 ADAS Advisory, Floor 2A’s two-way

7 communication system does not comply with Chapter 708;


8
oooo. In violation of the 2010 ADAS Section 208.2, Floor 2B has no accessible
9
parking spaces;
10
pppp. In violation of the 2010 ADAS Section 308.1, Floor 2B’s emergency call
11

12 box is positioned too high for either a side or front approach;

13 qqqq. In violation of the 2010 ADAS Advisory, Floor 2B’s two-way


14
communication system does not comply with Chapter 708;
15
rrrr. In violation of the 2010 ADAS Section 308.1, Floor B has a ticket
16
machine that is positioned too high for either a side or front approach;
17

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
20
the opposite stop;
21
tttt. In violation of the 2010 ADAS Section 505.8, Floor 2B contains handrails that are
22
loose, rusted and without smooth surfaces;
23

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
26
the floor or ground;
27
vvvv. In violation of the 2010 ADAS Section 505.3, Floor 2B contains a
28
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 12
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 13 of 21. PageID #: 174

1 handrail that is not continuous;


2
wwww. In violation of the 2010 ADAS Section 302.1 and 302, Floor 2B contains
3
floor tiles that are not slip resistant in wet conditions;
4
xxxx. In violation of the 2010 ADAS Section 303.3, Floor 2B contains a change
5

6 in level greater than ¼ inch;

7 yyyy. In violation of the 2010 ADAS Section 208.2, Floor 1A has no accessible
8
parking spaces;
9
zzzz. In violation of the 2010 ADAS Section 308.1, Floor 1A’s emergency call
10
box is positioned too high for either a side or front approach;
11

12 aaaaa. In violation of the 2010 ADAS Advisory, Floor 1A’s two-way

13 communication system does not comply with Chapter 708;


14
bbbbb. In violation of the 2010 ADAS Section 208.2, Floor 1B has no accessible
15
parking spaces;
16
ccccc. In violation of the 2010 ADAS Section 308.1, Floor 1B’s emergency call
17

18 box is positioned too high for either a side or front approach;

19 ddddd. In violation of the 2010 ADAS Advisory, Floor 1B’s two-way


20
communication system does not comply with Chapter 708;
21
eeeee. In violation of the 2010 ADAS Section 404.2.9, Floor 1B contains a door
22
which exceeds the maximum pressure to open the door;
23

24 fffff. In violation of the 2010 ADAS Section 505.3, Floor 1B contains a

25 handrail that is not continuous;


26
ggggg. In violation of the 2010 ADAS Section 404.2.4.4 and 404.2.4.4 Exception
27
1, Floor 1B contains a door with maneuvering clearance at the door exceeding 2%
28
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 13
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 14 of 21. PageID #: 175

1 slope;
2
hhhhh. In violation of the 2010 ADAS Section 404.2.4.1, Floor 1B contains a
3
door which is equipped with both a closer and a latch, but there lacks proper latch
4
side clearance;
5

6 iiiii. In violation of the 2010 ADAS Section 404.2.5, Floor 1B contains a door

7 threshold with a vertical change greater than ¼ inch high;


8
jjjjj. In violation of the 2010 ADAS Section 505.10.2, Floor 1B’s handrails
9
project less than 12 inches beyond the landing at the top of the stairs parallel to
10
the floor or ground;
11

12 kkkkk. In violation of the 2010 ADAS Section 208.2, Floor M2 has no accessible

13 parking spaces;
14
lllll. In violation of the 2010 ADAS Section 308.1, Floor M2’s emergency call
15
box is positioned too high for either a side or front approach;
16
mmmmm. In violation of the 2010 ADAS Advisory, Floor M2’s two-way
17

18 communication system does not comply with Chapter 708;

19 nnnnn. In violation of the 2010 ADAS Section 502.6, Floor M1’s accessible stalls
20
are missing properly placed signs identifying them as van accessible stalls;
21
ooooo. In violation of the 2010 ADAS Section 404.2.3, Floor M1 contains a door
22
opening that does not provide at least 32 inches between the face of the door and
23

24 the opposite stop;

25 ppppp. In violation of the 2010 ADAS Section 308.1, Floor M1’s emergency call
26
box is positioned too high for either a side or front approach;
27
qqqqq. In violation of the 2010 ADAS Advisory, Floor M1’s two-way
28
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 14
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 15 of 21. PageID #: 176

1 communication system does not comply with Chapter 708;


2
rrrrr. In violation of the 2010 ADAS Section 404.2.9, Floor M1 contains a door
3
which exceeds the maximum pressure to open the door;
4
sssss. In violation of the 2010 ADAS Section 307.2, Floor M1 has a stairwell
5

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
8
1, Floor M1 contains a door with maneuvering clearance at the door which
9
exceeds 2% slope;
10
uuuuu. In violation of the 2010 ADAS Section 404.2.4.1, Floor M1 has a door
11

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-
14
threshold with a vertical change greater than ¼ inch high;
15
wwwww. In violation of the 2010 ADAS Section 505.10.2, Floor M1’s handrails
16
project less than 12 inches beyond the landing at the top of the stairs parallel to
17

18 the floor or ground;

19 9. The ADA violations described above make wheelchair use dangerous, and difficult - or
20
impossible - for NEAL and other qualified individuals with disabilities to travel safely to and
21
from the Facility, and within the Facility. Travel is taxing on NEAL’s body since negotiating
22
inaccessible areas requires much twisting of the spine, and overuse of shoulders and wrists, and
23

24 these various barriers to access dishearten and frustrate him. Travel in inaccessible areas also

25 causes unnecessary wear and tear on NEAL’s wheelchair.


26
10. NEAL has the intent to return to the Facility as needed for filing of various legal
27
documents; NEAL works as a casual laborer for the law firm Blakemore, Meeker & Bowler Co.,
28
COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 15
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 16 of 21. PageID #: 177

1 L.P.A. NEAL is considered a “runner”, responsible for filing court documents with various
2
courts throughout Summit County.
3
11. On information and belief, the violations addressed in this complaint have not been
4
resolved. Continuing violations and notice thereof demonstrate a discriminatory intent on the
5

6 part of the Defendants.

7 COUNT I - VIOLATION OF THE ADA


8
12. Paragraphs 1 - 11 are realleged and incorporated as if fully set forth herein.
9
13. The Defendant has discriminated and continues to discriminate against NEAL
10
and other qualified individuals with disabilities by excluding them from participating in or
11

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.
14
The Facility is inaccessible to disabled persons and demonstrate violations of the ADA.
15
14. On information and belief, the Defendant has violated other miscellaneous
16
and important technical requirements of the ADA and regulations promulgated pursuant thereto.
17

18 15. The discriminatory violations described in this Complaint are not an exclusive list of the

19 Defendants’ violations.
20
16. On information and belief, the readily achievable barriers and other violations of the
21
ADA still exist and have not been remedied or altered in such a way as to comply with the ADA.
22
17. This Court has the authority to grant NEAL’s request for injunctive relief under the
23

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
26
the Facility until the requisite modifications are completed. 28 C.F.R. 36.501.
27
18. The Plaintiff’s counsel is entitled to recover those attorneys' fees, experts' fees, costs and
28
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.
2
19. Compensatory damages and other relief are also available to NEAL. 42 U.S.C. § 12133.
3
20. WHEREFORE, Plaintiff SPENCER NEAL demands judgment against the Defendants
4
and requests that the Court enter an Order:
5

6 a. Declaring that the property owned and administered by the Defendant and the

7 policies, procedures and services provided by the Defendant is discriminatory and


8
violate the ADA;
9
b. Requiring the Defendant to alter the Facility and remove all barriers to equal
10
participation in the Facility’s benefits, services, programs or activities; and to
11

12 make them accessible to and usable by individuals with disabilities to the full

13 extent required by Title II of the ADA;


14
c. Directing the Defendant to evaluate and neutralize its policies, practices, and
15
procedures toward persons with disabilities, for such reasonable time to allow the
16
Defendant to undertake and complete corrective procedures;
17

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
20
responsible for the implementation of such a plan. At a minimum, the Transition
21
Plan will identify obstacles in the Facility that limit accessibility of its programs
22
or activities; describe methods to be used to make the Facility accessible; and
23

24 provide a schedule for achieving compliance with the Transition Plan and with the

25 ADA;
26
e. Mandating the Defendant to expeditiously make all reasonable and appropriate
27
modifications in their policies, practices and procedures, provide effective
28
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1 signage, remove all architectural and communication barriers that are readily
2
achievable, and for barriers that are not readily achievable, that alternative means
3
of access be provided; and to take all such steps as are reasonable and necessary
4
to ensure that persons with disabilities are no longer excluded, denied services,
5

6 segregated, discriminated, or otherwise treated differently or without

7 accommodations;
8
f. Awarding reasonable attorneys' fees, costs (including expert's fees) and other
9
expenses of suit to the Plaintiff; and
10
g. Awarding compensatory damages and such other relief that the Court deems
11

12 proper to the Plaintiffs.

13 COUNT II - VIOLATION OF THE REHABILITATION ACT


14
21. Paragraphs 1 - 20 are realleged and incorporated as if fully set forth herein.
15
22. Upon information and belief, Defendant receives federal monies, which makes it subject
16
to § 504 of the Rehabilitation Act.
17

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,
20
by not providing the disabled with the same meaningful choices regarding self-sufficiency.
21
Specifically, the Defendant has violated the Rehabilitation Act through the violations explained
22
supra.
23

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
26
and other similarly situated persons solely because of their disabilities.
27
25. This Court has the authority to grant Neal’s request for injunctive relief under the
28
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1 Rehabilitation Act, including an order to alter the Facilities to make them readily accessible to
2
and usable by disabled persons, to modify a policy, to require inspection of the Facilities, and to
3
close any part of the Facilities until the requisite modifications are completed. 28 C.F.R. 36.501.
4
26. Neal's counsel is entitled to recover those attorneys' fees, experts' fees, costs and
5

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).
8
28. WHEREFORE, Plaintiff SPENCER NEAL demands judgment against the Defendant
9
and requests that the Court enter an Order:
10
h. Declaring that the property owned and administered by the Defendant and the
11

12 policies, procedures and services provided by the Defendant is discriminatory and

13 violate the Rehabilitation Act;


14
i. Requiring the Defendant to alter the Facility and remove all barriers to equal
15
participation in the Facility's benefits, services, programs or activities; and to
16
make them accessible to and usable by individuals with disabilities to the full
17

18 extent required by the Rehabilitation Act;

19 j. Directing the Defendant to evaluate and neutralize its policies, practices, and
20
procedures toward persons with disabilities, for such reasonable time to allow the
21
Defendants to undertake and complete corrective procedures;
22
k. Mandating the Defendant to expeditiously make all reasonable and appropriate
23

24 modifications in their policies, practices and procedures, provide effective

25 signage, remove all architectural and communication barriers that are not readily
26
achievable, that alternative means be provided; and to take all such steps as are
27
reasonable and necessary to ensure that persons with disabilities are no longer
28
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1 excluded, denied services, segregated, discriminated, or otherwise treated


2
differently or without accommodations;
3
l. Awarding reasonable attorneys' fees, costs (including expert's fees) and other
4
expenses of suit to Neal; and
5

6 m. Awarding compensatory damages and such other relief that the Court deems

7 proper to Neal.
8

9
/s/ COLIN G. MEEKER
10 COLIN G. MEEKER (Ohio Bar No. 0092980)
BLAKEMORE, MEEKER & BOWLER CO., L.P.A.
11
495 Portage Lakes Dr.
12 Akron, Ohio 44319
Telephone: (330) 253-3337
13 Facsimile: (330) 253-4131
cgm@bmblaw.com
14

15 Attorney for Plaintiff SPENCER NEAL

16

17

18

19

20

21

22

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25

26

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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 20
Case: 5:18-cv-01424-SL Doc #: 26 Filed: 10/26/18 21 of 21. PageID #: 182

1 DEMAND FOR JURY TRIAL


2
Plaintiff hereby demands a jury trial for all claims for which a jury is permitted.
3
/s/ COLIN G. MEEKER
4 COLIN G. MEEKER (Ohio Bar No. 0092980)
BLAKEMORE, MEEKER & BOWLER CO., L.P.A.
5
495 Portage Lakes Dr.
6 Akron, Ohio 44319
Telephone: (330) 253-3337
7 Facsimile: (330) 253-4131
cgm@bmblaw.com
8

9 Attorney for Plaintiff SPENCER NEAL

10

11

12

13

14

15

16

17

18

19

20

21

22

23

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25

26

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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES - 21