N.J. disabled man accuses Pocono Speedway of violating ADA

A physically disabled New Jersey man claims in a federal lawsuit that the

Pocono Speedway, a racetrack located in Monroe County, Pa., has failed to comply with the Americans with Disabilities Act.

Ronald Moore, a quadriplegic confined to a wheelchair who has limited mobility, is a regular patron of the racetrack, he claims in his civil action, filed at the federal courthouse in Harrisburg on Aug. 1.

His visits, however, have been met with difficulty due to the “architectural barriers” at the property, the lawsuit states.

Specifically, the Pocono Speedway fails to provide marked handicapped parking spaces, it has no handicapped accessible routes from the grassy parking areas to the racetrack’s facilities, and the parking at the business doesn’t provide ADA-compliant access aisles, the complaint alleges.

The suit also alleges that the path of travel for Moore from the parking areas to the Speedway entrances is impeded by slopes and uneven ground, and that the ramps to interior areas of the racetrack fail to provide handrails.

Furthermore, the food counters at the racetrack are inaccessible to wheelchair users, the dining areas fail to provide ADA-required accessible elements, and the bathrooms are inaccessible to those who get around in wheelchairs.

“Defendant has discriminated against the individual and corporate Plaintiffs by denying them access to full and equal enjoyment of the goods, services, facilities, privileges, advantages and/or accommodations of its place of public accommodation or commercial facility,” in violation of federal law, the lawsuit reads.

In addition to Moore, the co-plaintiff named in the complaint is The Independence Project Inc., a New Jersey-based nonprofit organization.

The suit says that Moore, the organization and other individuals similarly-situated have been “denied access to, and have been denied the benefits of services, programs and activities of the Defendant’s buildings and its facilities, and have otherwise been discriminated against and damaged by the Defendant because of the Defendant’s ADA violations …”

The plaintiffs seek declaratory judgment that the racetrack’s owners have violated the Americans with Disabilities Act.

The suit also demands injunctive relief seeking to order Pocono Speedway to make proper alterations to its facilities to as to be brought into compliance with the ADA.

Attorney’s fees and litigation costs are also sought.

The lawsuit was filed by Montgomery County attorney David S. Dessen, of the firm Dessen, Moses & Rossitto.

U.S. District Judge Robert D. Mariani is presiding over the case.

 

The federal case number is 3:13-cv-02053-RDM.