Lawsuit claims Pa. Best Western is not ADA-compliant

By Jon Campisi | Sep 14, 2011

A Florida man has filed a federal lawsuit against the owner of a King of Prussia, Pa. hotel, alleging the place of lodging is non-compliant with the Americans with Disabilities Act.

Royersford, Pa. attorney Thomas B. Bacon filed the federal complaint Sept. 13 at the U.S. District Court for the Eastern District of Pennsylvania on behalf of Owen Harty, a wheelchair-bound man who resides in Broward County, Fla.

The defendant named in the complaint is Richard W. Kubach, Jr., who is listed as the owner of the Best Western Plus at 127 S. DeKalb Pike in Montgomery County, Pa.

The lawsuit claims that Harty, who is paralyzed from the waist down, and needs the assistance of a wheelchair to get around, visited the hotel during an unspecified date and encountered a host of ADA violations, including improperly designed and inaccessible handicapped parking spaces, rises at the thresholds of entranceways that are in violation of the federal statute, parking spaces without proper signage, counters that exceed height measurements as required by the ADA, seating that does not comply with the law, inaccessible “grab bars” in the bathrooms, and the lack of “roll-in” showers for disabled individuals.

The lawsuit states that the list of violations is just a sample of the problems at the hotel.

“Plaintiff has suffered and will continue to suffer direct and indirect injury as a result of the Defendant’s discrimination until the Defendant is compelled to comply with the requirements of the ADA,” the lawsuit states. “Plaintiff is deterred from, and is denied the opportunity to participate and benefit from the goods, services, privileges, advantages, facilities and accommodations at Defendant’s property equal to that afforded to other individuals.”

Harty seeks injunctive relief against the defendant, including an order to make sure the facility is properly ADA-compliant. He also seeks attorney’s fees and litigation expenses, as well as other relief deemed appropriate by the court.

No jury trial is being sought.

The federal case number is 2:11-cv-05729-RK.

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